Filed July 3rd 2007
Nebraska Court of Appeals
No. A-06-1197

SUMMARY: A DHHS recommendation that a father be allowed to return to the family home did not have the best interests of the children as its “paramount concern” when the father’s behavior had failed to make “significant and measured improvement” and the evidence indicated a continuing psychological [...]

Filed on June 5th 2007
Nebraska Court of Appeals 15 Neb. App. 641
SUMMARY: A juvenile court is not required to terminate jurisdiction over a minor child even though the basis for acquiring jurisdiction no longer exists.

Majority Opinion On April 25, 2005, Kevin was adjudicated under § 43-247(3)(b) for being habitually truant from school. The court [...]

Filed on April 25 2007
Nebraska Supreme Court 273 Neb. 612
SUMMARY: While “expert opinion testimony” regarding the credibility of witness statements should be excluded, in this case, the officer’s statement, “read in context,” was not to vouch for the credibility of a witness, but simply explained her departure from the standard interview form, and thus was [...]

Filed April 17, 2007
Nebraska Court of Appeals
SUMMARY: Termination of an incarcerated parent’s rights was in the best interests of the children because the incarceration prevented the parent from providing a “nurturing and structured environment,” and the parent’s continual perpetuation of crimes cast doubt on his ability to make the permanent changes required for adequate parenting.
Two [...]

Filed on March 13 2007
Nebraska Court of Appeals15 Neb. App. 437
SUMMARY: The trial court had the authority to prohibit therapy with a particular therapist based on evidence that the therapist was unable to understand why an adjudicated sex offender should be under the jurisdiction of the juvenile court. The trial court also properly declined [...]

Filed on Feb 27, 2007
Nebraska Court of Appeals
SUMMARY: Retaining jurisdiction over the children was in their best interests because “the permanency goal ha[d] not been met and the family’s lack of financial stability is directly related to their inability to care for their home and children.” The recommendations of the LB1184 team, which included [...]

Filed on Jan 19, 2007
Nebraska Supreme Court272 Neb. 951
SUMMARY: “A court must instruct the jury on a lesser-included offense if: (1) the elements of the lesser offense for which an instruction is requested are such that one cannot commit the greater offense without simultaneously omitting the lesser offense and (2) the evidence produces a rational [...]

Filed Jan 5 2007
Nebraska Supreme Court
272 Neb. 846
SUMMARY: “An adoption cannot be vacated under NICWA where the tribe’s entry into the proceedings is untimely.”
The biological mother of Kenten H, relinquished her parental rights to Kenten H to the Department of Health and Human Services. She later petitioned the county court to vacate the adoption of [...]

Filed on November 14th 2006
Nebraska Court of AppealsA-06-616
Termination of a mother’s parental rights was in the child’s best interest because the mother failed to meet case plan requirements, and the child had formed a positive relationship with a foster family willing to adopt. Further, signed reports prepared by caseworkers were acceptable and fundamentally fair [...]

Filed on November 14, 2006
Not designated for permanent publication
Nebraska Court of Appeals, A-06-546
SUMMARY: “To challenge a dispositional order entered by the juvenile court on the basis of an assertion that the permanency objection differs from the case plan proposed by DHHS and that such a ruling and plan so adopted is not the in the [...]