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due process

Articles tagged with: due process

  • In re Interest of Mia V.

    Filed on September 6, 2011
    Not designated for permanent publication, A-11-172
    SUMMARY: Admission of the caseworker’s court reports and the father’s letters satisfied requirements of procedural due process.  
    Mia, DOB 4/07, was born testing positive for methamphetamine and removed from the mother’s home. The mother and father were married but the father was frequently incarcerated. [...]

  • In re Interest of Khrystofer C.

    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 [...]

  • In re Interest of Dakota L. et al

    Filed on March 24, 2009
    Not designated for permanent publication
    A-08-1090
    SUMMARY: It is a violation of procedural due process to proceed with a hearing on the termination of parental rights in the absence of the parent and the parent’s attorney, more so when the parent’s attorney had been suspended from the practice of law.  
    The mother, Christine, [...]

  • In re Interest of Andrea J.

    Filed on February 24, 2009
    Not designated for permanent publication
    A-08-914
    SUMMARY: Termination of the father’s parental rights was proper given the length of time in foster care and the absence of the father from the majority of the child’s life.  
    The child, Andrea J. (DOB 8/13/95), was removed from the mother’s home in August 2003. Andre [...]

  • In re Interest of Sierra W., et al

    Filed on August 26, 2008
    Not designated for permanent publication
    A-07-1231, A-07-1365
    SUMMARY: The court violated the parents’ rights when it failed to adopt DHHS’ plan of reunification because there was no evidence to show that the plan of reunification was not in the children’s best interest. Failure to adopt the plan and denial of the parents’ visitation [...]

  • Amanda C. v. Case

    Filed on May 23, 2008
    275 Neb. 757, 749 N.W.2d 429
    SUMMARY: A jury finding of liability under a §1983 claim based on violation of the father’s substantive due process rights in the relinquishment of his parental rights to Amanda C. has preclusive effect in the subsequent lawsuit brought by Amanda C. alleging violation of her substantive [...]

  • 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 [...]

  • In re Interest of Heather R.

    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 [...]

  • In re Interest of Kantril P. and Chenelle P.

    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 [...]

  • In re Interest of L.V.

    Filed on April 3, 1992
    240 Neb. 404, 482 N.W.2d 250
    SUMMARY: The physical presence of a parent at the hearing to terminate parental rights is unnecessary so long as the parent has been provided procedural due process. Parental incarceration may be considered in reference to abandonment as a basis for termination of parental rights under [...]