Through the Eyes of the Child Initiative

Filed on July 5, 2011
Not designated for permanent publication, A-10-1151
SUMMARY: Evidence of one-time methamphetamine use and past criminal history with no showing of child neglect or definite risk of harm is not sufficient for adjudicating the child within the meaning of N.R.S. 43-247(3)(a). 
Kaden, DOB 1/10, was removed from the mother’s home on March 30, 2010, [...]

Filed on October 5, 2010
18 Neb. App. 574, 789 N.W.2d 272
SUMMARY: Refusal to invalidate an adjudication order that was not ICWA compliant was proper because ICWA provisions apply prospectively from the formal identification of the child as Indian, because there was no basis for collateral attack and because Neb. Rev. Stat. 43-1507 does not apply [...]

Filed on August 3, 2010
Nebraska Court of Appeals
Not designated for permanent publication, A-09-1269
SUMMARY: Adjudication was proper where there was a prior case involving physical abuse by a brother against Seherzada and current credible evidence establishing that both brothers had physical harmed Seherzada and that the mother was allowing them to do so.  
On August 31, [...]

Filed on July 27, 2010
Nebraska Court of Appeals
Not designated for permanent publication
SUMMARY: Holding the adjudication hearing 8 months after the petition was filed where the child is 17 years of age and the abuser already sentenced for sexual assault is hardly ideal but not grounds for reversal. Evidence establishing that the interpreter at the therapy [...]

Filed on July 23, 2010
280 Neb. 291, 785 N.W.2d 849
SUMMARY: An adjudication and permanency plan must be established before the juvenile court can accept a voluntary relinquishment from the parent.
Cornelius, DOB 5/93, was adopted by Laura in 2003. Laura moved and left Cornelius with a relative in August 2008, and on August 19, 2009, [...]

Filed on May 18, 2010
Not designated for permanent publication, A-09-1142
SUMMARY: Because the father did not show how he was prejudiced by judicial notice of evidence in the earlier adjudication hearing, there was no finding that the court erred. A district court order denying an ex parte protection order was properly excluded because it only [...]

Filed on May 18, 2010
Not designated for permanent publication, A-09-1055
SUMMARY: Adjudication of the child removed at birth was proper because the mother failed to address issues of domestic violence by her partner against her and therefore placed the child at risk for harm.  
Bianca, DOB 2/03, and Eternity, DOB 12/04, were removed from the parental [...]

Filed on May 4, 2010
Not designated for permanent publication, A-09-1024
SUMMARY: A 60-day delay between the ex parte order and protective custody hearing was not unreasonable due to the unusual circumstances of the case where DHHS did not obtain physical custody of the child until 1 ½ months after the ex parte order was issued. [...]

Filed on April 27, 2010
781 N.W.2d 622, 18 Neb. App. 350
SUMMARY: Evidence proving mere possession of crack cocaine by the father without any showing that it affected the child does not establish a definite risk of future harm, and adjudication of the child on this basis was therefore improper.  
Carrdale II, DOB 10/08, was removed [...]

Filed on February 23, 2010
Not designated for permanent publication, A-09-655
SUMMARY: Even though the children did not visually witness the domestic violence between the mother and her partner, there was sufficient evidence showing that they were adversely affected by exposure to it warranting adjudication under 43-247(3)(a).  
Mariah R., DOB 10/91, Ashley L., DOB 4/94, Justin L., [...]