Caselaw

Caselaw

These are the most recent caselaw articles:

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 [...]

In re Interest of Aletha K.

Thursday, January 2nd, 2014

No. A-13-0672
Filed January 2, 2014
SUMMARY: Juvenile court properly ordered continued custody of the child with DHHS when the State provided sufficient evidence that the parents had repeatedly abused or neglected the child’s older siblings, putting the child at a risk of harm.  
While Crystal was pregnant with Aletha (DOB 6/2013), Crystal and Matthew relinquished their [...]

In re Interest of Shane L.

Tuesday, December 31st, 2013

Filed on December 31, 2013
Not designated for permanent publication, A-13-380 through A-13-383
SUMMARY: Termination of parental rights was proper in an ICWA case where the children were out of home 39 months and had special needs that required a stable home, and the parents consistently failed to follow through on services despite being given much assistance. [...]

In re Interest of Jaiden L.

Tuesday, December 31st, 2013

Filed on December 31, 2013
Not designated for permanent publication, A-13-295
SUMMARY: Termination of parental rights was proper where the child had been in foster care for half of her life and did not want to live with the parent, and the parent and child did not have a strong bond or relationship. 
On August 23, 2011, Jaiden, [...]

In re Interest of Eli S.

Monday, December 30th, 2013

Filed on December 3, 2013
Not designated for permanent publication, A13-331
SUMMARY: Immediate termination of parental rights to a child born after the involuntarily termination of prior children was proper where the mother continued to deny physical abuse by the father that led to the prior terminations and maintained a close relationship with him.  
Eli, DOB 8/12, [...]