Through the Eyes of the Child Initiative

Filed on May 26, 2009
Not designated for permanent publication
A-08-1217
SUMMARY: The court lacked jurisdiction to terminate parental rights because, after learning of another state’s order establishing the father’s paternity and custody rights, it did not follow the UCCJEA requirements of (1) specifying in the order a period of time allowing the person to seek an order [...]

Filed on October 28, 2008
Not designated for permanent publication
A-08-280
SUMMARY: Evidence showing that the father spanked or hit his child on the buttocks, thighs and legs to the extent that deep redness was visible two days after the incident and that the father has been warned by DHHS repeatedly for inappropriate discipline was sufficient for adjudication [...]

Filed on Tuesday February 26th, 2008
Unpublished Memorandum Opinion and Judgment on AppealA-07-878
SUMMARY: Affirming the juvenile court’s termination of parental rights, the Court held that the multiple rib fractures and two subdural hematomas of differing ages in the infant child which all would have required a significant amount of force to occur supported the factor required [...]

Filed on July 7 2007
Nebraska Court of AppealsNo. A-06-1371
SUMMARY: The Court of Appeals upheld the termination of a mother’s parental rights where continued alcohol abuse prevented her from providing “necessary parental care and protection” and caused her conduct to be “seriously detrimental to the health, morals, or well-being of” her children. Further, termination was [...]

Filed on April 25 2007
Nebraska Supreme Court 273 Neb. 612
SUMMARY: While “expert opinion testimony” regarding the credibility of witness statements should be excluded, in this case, the officer’s statement, “read in context,” was not to vouch for the credibility of a witness, but simply explained her departure from the standard interview form, and thus was [...]

Filed on September 29, 2006
272 Neb. 370, 721 N.W.2d 651
SUMMARY: Under § 43-285, the juvenile court has the authority to remove a case manager, “when after nearly a year of limited progress” the court ordered DHHS to “reassign th[e] case to an experienced case manager with demonstrated knowledge of incest cases and the needed treatment [...]

Filed: April 8, 2005
269 Neb. 635, 694 N.W.2d 659
SUMMARY: In adjudication proceedings joint representation does not deny due process and ineffective assistance of counsel is not an available claim if appointed pursuant to statute. <br />&nbsp;
Heather and two siblings were adjudicated to be within the meaning of §43-247(3)(a) after abuse allegations were proved by a [...]

Filed on September 26, 2003
266 Neb. 782, 669 N.W.2d 429
SUMMARY: To establish that reasonable efforts to reunify are not required, the State must provide clear and convincing evidence. The nature and severity of the abuse, the delay in seeking treatment and the ongoing denial by the parents in this case establish that reasonable efforts [...]

Filed April 17, 2001
10 Neb.App 87, 625 N.W.2d 218
SUMMARY: Juvenile court gave collateral estoppel effect to the findings in siblings proceeding that parents had failed to provide proper parental care. <br />&nbsp;
Parents of Jaden H. had parental rights to two other children (Destiny and Suede) terminated under §43-247(3)(a) in a previous proceeding. The State used the [...]

Filed on May 4, 1990
235 Neb. 276, 455 N.W.2d 138
SUMMARY: The statutory time limit to hold an adjudication hearing is directory, not mandatory. The mother’s failure to protect her child from abuse by the father by allowing her to live with him when she knew he was abusive was sufficient cause for termination of [...]