Through the Eyes of the Child Initiative

Filed on June 27, 2006
Not designated for permanent publication
Nebraska Court of Appeals, A-06-077
SUMMARY: “When proceeding solely under § 43-292(7),” which requires that the child has been in out-of-home placement for 15 of the most recent 22 months, “the appellate court must be particularly diligent in its de novo review of whether termination is in the [...]

Filed on February 14, 2006
Not designated for permanent publication
Nebraska Court of Appeals, A-05-865
SUMMARY: Unless the State seeks to terminate a parent’s rights under Neb. Rev. Stat. §43-292(5), the court is not required to appoint a guardian ad litem for the parent pursuant to Neb. Rev. Stat. §43-292.01. In this case, the State proved that termination [...]

Filed on January 13, 2006
270 Neb. 870, 708 N.W.2d 786
SUMMARY: It is not a violation of due process to have a different burden of proof for the termination of the parental rights to an Indian child than the burden of proof required to terminate parental rights to a non-Indian child, because the “parents of non-Indian [...]

Filed on January 28, 2005
269 Neb. 249, 691 N.W.2d 164
SUMMARY: Because the testimony of the sole witness for the State was primarily based on hearsay and the testimony from the mother’s therapist that the mother was improving her parenting skills and that the child would be harmed by termination was not contradicted, the State did [...]

Filed on January 17, 2003
265 Neb. 150, 655 N.W.2d 672
SUMMARY: During an appeal of termination of parental rights, the parents cannot collaterally attack the adjudication or case plans adopted pursuant to adjudication. The condition of the home, which was the basis for adjudication, was merely a manifestation of the parents’ inability to properly care [...]