Through the Eyes of the Child Initiative

Filed on July 5, 2011
Not designated for permanent publication, A-10-1114
SUMMARY: Reasonable efforts offered to a parent in a prior proceeding that are close in time to the later removal and reasonably related to the circumstances causing the removal are sufficient to satisfy the reasonable effort requirement for the later removal. 
Amari A., born in September 2010, [...]

Filed on June 28, 2011
Not designated for permanent publication, A-10-1133
SUMMARY: There was sufficient evidence that the child comes within the meaning of 43-247(3)(a) based on the child’s testimony of inappropriate discipline, failure to care for injuries and her fear of her mother and step-father, but the DHHS recommendation for continued placement in the father’s home [...]

Filed on April 20, 2010
Not designated for permanent publication, A-09-1023
SUMMARY: It was improper for the juvenile court to deny DHHS’ recommendation for placement and instead place the child with a family friend primarily because the child’s older half-brother already lived in the DHHS-recommended placement.  
Ipolita, born in late 2007, was removed from the mother, Blanca, [...]

Filed on March 12, 2010
279 Neb. 568, 778 N.W.2d 744
SUMMARY: The Nebraska Supreme Court affirms the decision of the Nebraska Court of Appeals dismissing the appeal on the basis that a denial to allow in-chambers testimony from the child is not a final, appealable order.  
Full Opinion

Filed on November 24, 2009
18 Neb. App. 153, 775 N.W.2d 470
SUMMARY: A denial to allow in-chambers testimony from the child is not a final, appealable order.  
Marcella B. and Juan S. were removed from the mother on January 26, 2009, on allegations of inappropriate physical contact and failure to provide appropriate care, support and/or supervision. [...]

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 March 31, 2009
Not designated for permanent publication
A-08-950
SUMMARY: Even though the father left the termination hearing, he was afforded procedural due process given he had notice, was read and understood the petition and his rights, was represented by an attorney and GAL, and had initially been present at the hearing. As the caseworker [...]

Filed on February 24, 2009
Not designated for permanent publication
A-08-915 through A-08-918
SUMMARY: Termination was in the children’s best interests because the mother did not make significant progress toward rehabilitation and reunification and the children need safety and permanency that the mother cannot provide.  
The children, Jesse (DOB 9/23/96), Gabriel (DOB 9/29/98), Seth (DOB 3/29/00) and [...]

Filed on November 10, 2008
758 N.W.2d 48, 17 Neb. App. 203
SUMMARY: The father’s argument against the court ordering a scientific test as part of the case plan was on the admissibility of results, not on whether taking the test was not in the children’s best interest; therefore, he did not overcome a presumption that [...]

Filed on October 14, 2008
Not designated for permanent publication
A-08-049
SUMMARY: The statutory ground for termination where the child must be out of the home 15 of the most recent 22 months requires “clear and convincing evidence of circumstances as compelling and pertinent to a child’s best interests as to those enumerated in the other subsections”, given [...]