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Articles tagged with: clear

  • In re Interest of Emma J.

    Filed on May 11, 2010
    18 Neb. App. 389, 782 N.W.2d 330
    SUMMARY: The proper burden of proof for the adjudication of an Indian child is by a preponderance of the evidence, not clear and convincing.  
    Emma, DOB approx. 1994, was placed in foster care on May 20, 2009, based on her allegations of physical abuse [...]

  • In re Interest of Aaron D.

    Filed on January 28, 2005
    269 Neb. 249, 691 N.W.2d 164
    SUMMARY: Because the testimony of the sole witness for the State was primarily based on hearsay and the testimony from the mother’s therapist that the mother was improving her parenting skills and that the child would be harmed by termination was not contradicted, the State did [...]

  • In re Interest of Jac’Quez N.

    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 [...]