Caselaw
These are the most recent caselaw articles:
Tuesday, November 8th, 2011
Filed on November 8, 2011
Not designated for permanent publication, A-11-282
SUMMARY: Termination of parental rights was proper where the father did little to address his issues as a batterer, the mother consistently denied any domestic violence against her and would allow the father would have ongoing contact, and the child’s behaviors that were consistent with exposure [...]
Tags: assault, batterer, case plan, comply, Daniel, domestic, Jay, Paige, parental, physical, progress, relationship, rights, Tammy, terminate, termination, therapy, violence
Posted in Caselaw
Tuesday, November 1st, 2011
Filed on November 1, 2011
Not designated for permanent publication, A-11-398
SUMMARY: Termination of parental rights was proper where the father failed to stop engaging in domestic violence, had an unstable living environment and failed to complete many court-ordered services including a batterer’s group.
Shyan, DOB 9/08, was removed from the parents’ home on March 9, 2009, due [...]
Tags: abuse, Annie, commit, domestic, domestic violence, fear, parental, physical, rights, Roger, Shyan, terminate, termination, threat, verbal, violence
Posted in Caselaw
Tuesday, October 11th, 2011
Filed on October 11, 2011
19 Neb. App. 259, ____ N.W.2d ____
SUMMARY: The newly enacted statute removing the presumption that the case plan is in the child’s best interests is applicable to an already-pending case because it only affects a procedural right. DHHS must offer reasonable efforts to a parent whose goal is reunification to [...]
Tags: ameliorate, best, case, change, correct, Daniel, effort, efforts, eliminate, Ethan, goal, interest, interests, overcome, plan, presumption, reasonable, rehabilitate, rehabilitative, removal, service, services, statute, statutory, Theresa, visitation, visits
Posted in Caselaw
Friday, September 16th, 2011
Filed on September 16, 2011
282 Neb. 316, 803 N.W.2d 46
SUMMARY: A juvenile court has the authority to hold DHHS in contempt for failure to comply with an order but must provide DHHS with reasonable notice and an opportunity to be heard.
Thomas was adjudicated in April 2010 under N.R.S. 43-247 (1), (2), and (3)(b), for committing [...]
Tags: authority, cause, contempt, contract, contractors, court, evidence, exception, fee, fine, heard, immunity, interest, interference, juvenile, moot, notice, opportunity, placement, power, present, public, right, show, sovereign, Thomas
Posted in Caselaw
Tuesday, September 6th, 2011
Filed on September 6, 2011
Not designated for permanent publication, A-11-215
SUMMARY: Termination of parental rights was proper where after two years of services was unable to provide even the most minimal requirements for parenting and could not provide permanency or stability.
Cheyenne, DOB 12/05, was formally removed from the mother, Melody, on December 29, 2008, after the [...]
Tags: accommodate, accommodations, Cheyenne, commute, health, Melody, mental, parental, rights, services, terminate, termination, visitation, visits
Posted in Caselaw
Tuesday, September 6th, 2011
Filed on September 6, 2011
Not designated for permanent publication, A-11-172
SUMMARY: Admission of the caseworker’s court reports and the father’s letters satisfied requirements of procedural due process.
Mia, DOB 4/07, was born testing positive for methamphetamine and removed from the mother’s home. The mother and father were married but the father was frequently incarcerated. [...]
Tags: admission, admit, court report, due process, evidence, exhibit, exhibits, Frederick, incarcerate, incarceration, knowledge, letter, letters, Mia, parental rights, personal, procedural, terminate, termination
Posted in Caselaw
Tuesday, September 6th, 2011
Filed on September 6, 2011
Not designated for permanent publication, A-11-169
SUMMARY: Termination of parental rights was proper where the mother failed to attend appointments and visits, had little progress in therapy, had unstable employment and did not provide adequate food for the child. The judge’s denial to recuse herself was proper where there was only [...]
Tags: attend, attendance, bias, cigarette, Hasina, Jamar, judge, marijuana, motion, parental, recusal, recuse, rights, smoke, terminate, termination, visitation, visits
Posted in Caselaw
Tuesday, August 23rd, 2011
Filed on August 23, 2011
Not designated for permanent publication, A-10-1115
SUMMARY: Termination of parental rights was proper where the father had a frequent pattern of incarceration, did not properly care for older children and had a serious drug problem that hadn’t been adequately addressed.
Two older siblings of Maurice Jr., DOB 7/09, were removed from the family [...]
Tags: abuse, drug, incarcerate, incarceration, jail, Maurice, parental, prison, rights, substance, termination, treatment, use
Posted in Caselaw
Tuesday, August 9th, 2011
Filed on August 9, 2011
Not designated for permanent publication, A-11-115, A-11-116
SUMMARY: Termination of parental rights was proper where the children had been in foster care for a substantial period of time, where the father had been incarcerated off and on during that time and had only sporadically visited the children.
Tyler W., DOB 5/07, and Landon [...]
Tags: Casey, incarcerate, incarceration, Landon, offender, order, parental, protection, register, registration, rights, sex, terminate, termination, Tyler, violate, violation, visit, visitation
Posted in Caselaw
Tuesday, August 2nd, 2011
Filed on August 2, 2011
19 Neb. App. 135, _____ N.W.2d _____
SUMMARY: An order finding a grandparent to be a good moral citizen but making no appointment of guardianship is not a final order.
Martha, the paternal grandmother of Karlie D. intervened in her abuse/neglect proceedings in November 2009. Karlie’s father died during the proceedings. [...]
Tags: appeal, appellate, citizen, dismiss, effect, final, good, guardianship, interlocutory, jurisdiction, Karlie, lack, Martha, mind, moral character, proceeding, right, special, state, substantial
Posted in Caselaw