These are the most recent caselaw articles:
Filed on December 20, 2011
19 Neb. App. 426, 807 N.W.2d 794
SUMMARY: An impromptu ruling granting custody of the children to the mother based in part because father would be incarcerated until at least 2013 did not satisfy statutory requirements for notice and opportunity to be heard.
Marcos Jr., DOB 12/06, was removed from the home of [...]
Filed on November 29, 2011
Not designated for permanent publication, A-11-356
SUMMARY: A preponderance of the evidence established that keeping the newborn with the mother in a prison nursery is contrary to the child’s welfare based on the mother’s past criminal and child welfare history.
Kenyetta, DOB 3/11, was removed from the mother, Crystalynn, immediately after birth after [...]
Filed on November 15, 2011
Not designated for permanent publication, A-11-159
SUMMARY: Termination of parental rights was proper where the father had little contact with the child, would be incarcerated past her age of majority, and has a history of drug use and law violations, and where the child had substantial health needs that the father cannot [...]
Filed on November 8, 2011
Not designated for permanent publication, A-11-167
SUMMARY: Termination of parental rights was the proper where the father failed to make significant progress over 3 years in becoming able to parent the child and where the mother, while making progress right before trial, had a 10-year history with the child welfare system, took [...]
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 [...]
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 [...]
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 [...]
Filed on September 27, 2011
19 Neb. App. 235, ____ N.W.2d ____
SUMMARY: Denial of transfer to the tribal court was proper where the facts suggested there would be undue hardship on the parties in presenting evidence to decide the case at the tribal court in South Dakota.
Melaya F. and Melysse F., ages 4 and 1, were [...]
Filed on September 27, 2011
Not designate for permanent publication
SUMMARY: When the State seeks temporary custody of a child as to a second parent, even if non-custodial, a detention (i.e., Protective Custody) hearing must be held even if a prior detention hearing was held as to the custodial parent.
Amari G, DOB 5/10, was removed from his [...]
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 [...]
