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evidence

Articles tagged with: evidence

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  • In re Interest of Marcos S.A. and Andres S.

    Filed on December 20, 2011
    19 Neb. App. 426, ____ N.W.2d ____
    SUMMARY: An impromptu ruling granting custody of the children to the mother based in part because father would be incarcerated until at least 2013 did not satisfy statutory requirements for notice and opportunity to be heard. 
    Marcos Jr., DOB 12/06, was removed from the home of [...]

  • In re Interest of Thomas M.

    Filed on September 16, 2011
    282 Neb. 316, 803 N.W.2d 46
    SUMMARY: A juvenile court has the authority to hold DHHS in contempt for failure to comply with an order but must provide DHHS with reasonable notice and an opportunity to be heard. 
    Thomas was adjudicated in April 2010 under N.R.S. 43-247 (1), (2), and (3)(b), for committing [...]

  • 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 Kaden S.

    Filed on July 5, 2011
    Not designated for permanent publication, A-10-1151
    SUMMARY: Evidence of one-time methamphetamine use and past criminal history with no showing of child neglect or definite risk of harm is not sufficient for adjudicating the child within the meaning of N.R.S. 43-247(3)(a). 
    Kaden, DOB 1/10, was removed from the mother’s home on March 30, 2010, [...]

  • 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 Patience I

    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. [...]

  • In re Interest of Bianca H. and Eternity H.

    Filed on March 30, 2010
    Not designated for permanent publication, A-09-1057
    SUMMARY: There was not a violation of the father’s due process rights in the termination of his parental rights as, although he could not attend a portion of the trial due to incarceration, he was offered counsel and the opportunity to submit evidence and cross-examine witnesses. [...]

  • In re Interest of April E. et al.

    Filed on May 27, 2008
    Memorandum opinion, not designated for permanent publication
    A-08-036 through A-08-038
    SUMMARY: An 18-day delay between the ex parte order and the detention hearing is “on the outer edge of reasonableness” but is not unreasonable. The evidentiary basis of an ex parte temporary detention order is not appealable because the ex parte order [...]

  • In re Interest of Amanda W.

    Filed on November 14th 2006
    Nebraska Court of AppealsA-06-616
    Termination of a mother’s parental rights was in the child’s best interest because the mother failed to meet case plan requirements, and the child had formed a positive relationship with a foster family willing to adopt. Further, signed reports prepared by caseworkers were acceptable and fundamentally fair [...]

  • 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 [...]