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clear and convincing

Articles tagged with: clear and convincing

  • In re Interest of Louis S., et al

    Filed on September 1, 2009
    17 Neb. App. 867, 774 N.W.2d 416
    SUMMARY: In an ICWA case, active efforts should include direct guidance rather than passive referrals. The active efforts need only be culturally relevant if the conditions that led to out-of-home placement have some cultural basis. Evidence that termination is in the children’s best [...]

  • In re Guardianship of Andrew K.

    Filed on September 23, 2008
    Not designated for permanent publication
    A-08-137
    SUMMARY: The termination of a guardianship was properly denied because there was clear and convincing evidence of continuing parental unfitness, including an unstable marital relationship, frequent changes in residences and schools, and ongoing fear of the mother of the father.  
    Andrew (DOB 1/2002) is the child of [...]

  • In re Interest of Ethan M.

    In re Interest of Chloe H. and Katrina H.
    Filed on October 31, 2006
    15 Neb. App. 148, 723 N.W.2d 363
    SUMMARY: For the purposes of interpreting when DHHS is required to make reasonable efforts towards reunification under Neb. Rev. Stat. § 43-286.01, a family is defined as either the biological parents or a stepparent when such stepparent [...]

  • In re Interest of Eden K. & Allison L.

    Filed on July 3, 2006
    14 Neb. App. 867, 717 N.W.2d 507
    SUMMARY: The court reversed the juvenile court’s termination order finding that termination was not in the children’s best interests. The court found that “the State almost completely failed to provide the juvenile courts with testimony from many of the people whose opinions and observations [...]

  • In re Interest of Phoenix L.

    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 [...]