Caselaw

Caselaw

These are the most recent caselaw articles:

In re Interest of Chelsea M.

Tuesday, December 17th, 2013

Filed on December 17, 2013
Not designated for permanent publication, A-13-419
SUMMARY: Adjudication was proper where the evidence established that the child’s stepparent pushed her, slapped her multiple times, called her stupid, threw her against a wall and pushed a heavy vase off a table toward her. 
Chelsea, age 16, got into a heated argument with her mother, [...]

In re Interest of Danaisha W. et al.

Friday, December 13th, 2013

Filed on December 13, 2013
287 Neb. 27, ____ N.W.2d ____
SUMMARY: An order setting conditions for supervised visitation was not a final, appealable order because it would have only affected the proceedings for one month until the hearing on the TPR motion. 
Dennisca is the mother of six children who were removed from her care in March [...]

In re Interest of Kodi L.

Friday, December 13th, 2013

Filed on December 13, 2013
287 Neb. 35, ____ N.W.2d ____
SUMMARY: Excluding the party from the proceedings was proper where his notarized acknowledgement of paternity was rebutted by evidence and found to be fraudulent and there was no request to participate on other grounds. 
Kodi, DOB 8/12, was born to Shawntel. Shortly after birth, Shawntel and [...]

In re Mya C. & Sunday C.

Friday, December 6th, 2013

Filed on December 6, 2013
286 Neb. 1008, ____ N.W.2d ____
SUMMARY: Changing the mother’s reunification plan from continuing high school when she was under 19 to actively pursuing a GED as a condition of reunification after she turned 19 was a material change and therefore appealable.  
Nyamal is the mother of Mya, age 4, and Sunday, [...]

In re Interest of Keisha G.

Tuesday, December 3rd, 2013

Filed on December 3, 2013
21 Neb. App. 472, ____ N.W.2d ____
SUMMARY: Since the rights advisement at adjudication didn’t include termination of parental rights as a possible consequence, 43-292(6) cannot be a ground for termination. The evidence didn’t support the remaining TPR ground because there was no showing how the father’s prior drug use made [...]

In re Interest of Violet T.

Friday, November 22nd, 2013

Filed on November 22, 2013
286 Neb. 949, ____ N.W.2d ____
SUMMARY: A Nebraska juvenile court does not have jurisdiction of a newborn child who was born in Nebraska but immediately went to live with relatives in Iowa prior to a petition being filed.  
Violet was born in Douglas County in November 2012 to Abigael, who tested [...]

In re Interest of Daniel G. et al.

Tuesday, November 19th, 2013

Filed on November 19, 2013
Not designated for permanent publication, A-13-428
SUMMARY: Termination of parental rights was proper where the father was incarcerated and would remain so for the length of the child’s minority. 
In November 2011, Aereelle was removed from the mother’s home. A supplemental petition was filed on October 9, 2012, as to her father, [...]

In re Interest of Justin O., Shawna O., Cody W., and Tyrell W.

Friday, November 8th, 2013

No. A-13-0280; Not designated for permanent publication
Filed November 8, 2013
SUMMARY: Denial of motion to transfer to tribal court was proper when the mother waited over a year to move to transfer and an 11-year-old child objected to the transfer.  
The State of Nebraska filed a petition on June 21, 2011 alleging Susan and [...]

In re Interest of Dusti M.

Friday, November 8th, 2013

No. A-13-0342; Not designated for permanent publication
Filed November 8, 2013
SUMMARY: Termination of the mother’s parental rights was proper when there was evidence that the mother continued to jeopardize her daughter’s safety and was unable to recognize the danger that the men in her life, including her daughter’s father, imposed on the daughter. 
The State [...]

In re Interest of Brayan G.

Tuesday, November 5th, 2013

Filed November 5, 2013
Not designated for permanent publication No. A-13-098
Summary: In determining a dispositional order it constitutes plain error for the court to consider juvenile court proceedings from another county over which is has no jurisdiction. Further, Neb. Ct. R. App. P. § 2-109(D)(1) requires that the appellant include a separate section for [...]