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Articles tagged with: expert

  • In re Interest of Erika J. & Tyler J.

    Filed on July 12, 2011
    Not designated for permanent publication, A-10-1038, A-10-1039
    SUMMARY: Termination of parental rights was proper because the father continually failed to deal with his ongoing issues with alcohol abuse and the mother failed to understand and seek proper treatment for her mental health disorder, and neither made acceptable progress in improving their parenting [...]

  • In re Interest of Ramon N.

    Filed on October 5, 2010
    18 Neb. App. 574, 789 N.W.2d 272
    SUMMARY: Refusal to invalidate an adjudication order that was not ICWA compliant was proper because ICWA provisions apply prospectively from the formal identification of the child as Indian, because there was no basis for collateral attack and because Neb. Rev. Stat. 43-1507 does not apply [...]

  • In re Interest of Justice H.

    Filed on May 18, 2010
    Not designated for permanent publication, A-09-1060
    SUMMARY: Serious emotional or physical damage under ICWA was likely to result if the child was returned home given the degree of domestic violence committed by the father against the mother and failure to address the issues. Termination of the parental rights of both [...]

  • 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 Shayla H. et al.

    Filed on March 10, 2009
    764 N.W.2d 119, 17 Neb. App. 436
    SUMMARY: In a case involving the Indian Child Welfare Act (ICWA), the State must amend its pleadings to reflect the standards required under ICWA regardless of whether the court nevertheless makes the required findings. A DHHS caseworker with 11 years of experience and history [...]

  • In re Interest of Chloe L. & Ethan L

    Filed on April 11, 2006
    14 Neb. App. 663, 712 N.W.2d 289
    SUMMARY: In examining the testimony of numerous medical experts disputing the explanations offered by the parents of their son’s multiple fractures, and given the rule that actual injury or physical harm is not required for the court to take protective steps, the Court of Appeals [...]

  • In re Interest of J.H.

    Filed on March 12, 1993
    242 Neb. 906, 497 N.W.2d 346
    SUMMARY: Neb. Rev. Stat. section 43-285(2), which provides that a party must prove by a preponderance of evidence that the proposed DHHS case plan is not in the child’s best interests in order for the court to disapprove it, is not unconstitutional as applied in this [...]