Caselaw

Caselaw

These are the most recent caselaw articles:

In re interest of Symon S.

Wednesday, February 12th, 2014

No. A-13-636; Not designated for permanent publication
Filed February 12, 2014
SUMMARY: Evidence supported the termination of a mother’s parental rights where the mother had a long history of drug addiction and failed to take advantage of offered services, despite the fact that the mother initially responded well to treatment.  
The State of Nebraska filed an [...]

In re Interest of Tabitha B.

Tuesday, January 28th, 2014

Filed on January 28, 2014
Not designated for permanent publication, A-13-445
SUMMARY: Termination of parental rights was proper where the parent failed to comply with services until immediately before trial, exhibited erratic behavior, and wouldn’t be in a position to parent for several years due to mental health issues. 
Tabitha, DOB 2/11, is the child of Sarah. [...]

In re Interest of Ayodele F.

Monday, January 27th, 2014

No. A-13-0601; Not designated for permanent publication
Filed January 27, 2014
SUMMARY: The juvenile court did not err in adjudicating the child where there was evidence that the mother used inappropriate physical discipline; however, there was no evidence that the mother did not prevent her daughter from inappropriate sexual contact. The mother was provided due process [...]

In re Interest of Korri F.

Wednesday, January 22nd, 2014

No. A-13-0507; Not designated for permanent publication
Filed January 22, 2014
SUMMARY: Termination of a father’s parental rights under the Nebraska Child Welfare Act was proper when active efforts had been undertaken, future efforts would be futile, and placement with the father would likely result in emotional and physical harm. In addition, the father was [...]

In re Interest of Jewel J.

Tuesday, January 21st, 2014

Filed on January 21, 2014
Not designated for permanent publication, A-13-517
SUMMARY: Termination of parental rights was proper where the mother lost custody of four prior children and did not correct the conditions that led to the earlier issues or utilize the services offered to her. 
Jewel, DOB 12/12, is the child of Ronnie Jo. Ronnie Jo [...]

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 [...]