Caselaw

Caselaw

These are the most recent caselaw articles:

In re Interest of Joseph S. et al.

Tuesday, January 21st, 2014

Filed on January 21, 2014
21 Neb. App. 706, ____ N.W.2d ____
SUMMARY: Evidence stemming from a voluntary agreement between the parent and DHHS cannot be used against the parent in support of terminating parental rights. 
Kerri is the mother of Joseph, DOB 1/00, William, DOB 11/05, and Steven, DOB 12/06. Kerri was involved with DHHS and [...]

In re Interest of Allen M. et al.

Friday, January 17th, 2014

No. A-13-0634; Not designated for permanent publication
Filed January 17, 2014
SUMMARY: Termination of parents’ parental rights was in the children’s best interests where the children had been in foster care for approximately 70% of their lives and the father was mostly absent and made no effort to participate in services. 
On February 11, 2011, the State [...]

In re Interest of Jayden D. and Dayten J.

Tuesday, January 14th, 2014

21 Neb. App. 666; No. A-13-193
Filed January 14, 2014
SUMMARY: Juvenile court abused its discretion in denying a motion to transfer to tribal court in a termination of parental rights proceeding where the Nebraska Indian Child Welfare Act applied because the termination proceeding is separate from the foster care placement proceedings for the “late stage” [...]

In re Interest of Elijah P. et. al

Tuesday, January 14th, 2014

Not designated for permanent publication; No. A-13-341
Filed January 14, 2014
SUMMARY: Termination of a mother’s parental rights was supported by evidence that the mother was provided numerous services, but made limited progress in dealing with mental health issues and parenting skills. 
The State of Nebraska removed Elijah (DOB 6/2006), Airion (DOB 9/2007) and Aryiona (DOB 12/2009) [...]

In re Interest of Brianna B. and Mariella B.

Tuesday, January 14th, 2014

21 Neb. App. 657; No. A-13-054 & A-13-055
Filed January 14, 2014
SUMMARY: Juvenile court properly issued letters of guardianship where it was clear from the context of the order and the proceedings that the court intended to establish a guardianship. In addition, the juvenile court does have authority to create a visitation plan for [...]

In re Interest of Christian A. & Brysen A.

Tuesday, January 7th, 2014

Filed on January 7, 2014
Not designated for permanent publication, A-13-412
SUMMARY: Adjudication under 43-247(3)(a) was proper where the evidence established that there was a physical altercation between the parents in the presence of the older child which established a definite risk of future harm. 
Christian, DOB 5/11, and Brysen, DOB 2/13, are the children of Jesse and [...]

In re Interest of Athina M.

Tuesday, January 7th, 2014

Filed on January 7, 2014
21 Neb. App. 624, ____ N.W.2d ____
SUMMARY: Termination of the father’s parental rights was improper because the length of time in foster care cannot be the sole best interest factor when the parent is not unfit and the length of incarceration of the father was speculative even though it was the [...]

In re Interest of Gabrielle Z. & Lillian Z.

Tuesday, January 7th, 2014

Filed on January 7, 2014
Not designated for permanent publication, A-13-357
SUMMARY: Termination of parental rights was proper where the mother continued to have ongoing safety concerns for years while the children were in foster care even though she complied with case plan requirements. 
Lillian, DOB 3/06, and Gabrielle, DOB 2/10, were removed from the home of the [...]

In re Interest of Anthony P. & Dakota P.

Tuesday, January 7th, 2014

Filed on January 7, 2014
Not designated for permanent publication, A-13-584
SUMMARY: Termination of parental rights was proper where the mother failed to comply with services and showed an unwillingness to engage.  
On October 31, 2011, the State filed a petition under N.R.S. 43-247(3)(a) as to Dakota, DOB 1/99, and Anthony, DOB 7/01, due to the mother’s [...]

In re Interest of Malachi W. et al.

Monday, January 6th, 2014

No. A-13-0678; Not designated for permanent publication
Filed January 6, 2014
SUMMARY: Placement with the child’s father was not an abuse of discretion where the father had completed substance abuse treatment and was in an aftercare program, was sober for two months, and the father was doing what was necessary to allow for the child’s placement [...]