Through the Eyes of the Child Initiative

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., [...]

Filed on February 16, 2010
18 Neb. App. 276, 780 N.W.2d 39
SUMMARY: It is a violation of due process to adjudicate on findings relating to mental health status of the mother when mental health was not an allegation in the petition nor was referred to in the allegation of “fault.”  
Christian L., 16 months of age, [...]

Filed on January 5, 2010
Not designated for permanent publication
A-09-767
SUMMARY: A father striking his 13-year-old child multiple times with an extension cord, although this being the only time he had hit the child, was sufficient to find the child within the meaning of 43-247(3)(a).  
Manuel, DOB 8/95, is the child of Jesus. On April 14, [...]

Filed on March 24, 2009
Not designated for permanent publication
A-08-1136
SUMMARY: The child comes within the meaning of 43-247(3)(a) because he is at risk for harm due to the father’s failure to pay child support and lack of any evidence that he provided the child with proper parental care and support.  
Enrique, DOB 5/1/00, is the child [...]

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 July 24th 2007
Nebraska Court of Appeals
No. A-06-1354
SUMMARY: The Court of Appeal determined that the State failed to prove its claim that “the children [were] likely to be injured without intervention by the juvenile court” after their parents were involved in an altercation, because the state provided no evidence of prior domestic violence, no [...]

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 August 13, 1999
257 Neb. 450, 598 N.W.2d 729
SUMMARY: It is not unconstitutional for the guardian ad litem to perform both the investigatory duties of a guardian ad litem and bring and try a motion to terminate parental rights as authorized in Neb. Rev. Stat. section 43-272.01(2). As a ground for termination under [...]