Through the Eyes of the Child Initiative

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 [...]

Filed on November 30, 2010
18 Neb. App. 679, 791 N.W.2d 343
SUMMARY: There is no exception to making “active efforts” as there is for reasonable efforts under the aggravated circumstances exception of N.R.S. 43-283.01
On September 30, 2008, Jamyia M., was removed from the home at 2 months of age after being hospitalized for a serious, non-accidental [...]

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 [...]

Filed on August 10, 2010
Supplemental Opinion
18 Neb. App. 529, 789 N.W.2d 528
SUMMARY: A modification of text was made in the opinion of In re Interest of Emma, 18 Neb. App. 389, 782 N.W.2d 330 (2010), namely that a September 30, 2009, where active efforts findings were improperly made was a continuation of a previous order [...]

Filed on May 18, 2010
Not designated for permanent publication, A-09-1142
SUMMARY: Because the father did not show how he was prejudiced by judicial notice of evidence in the earlier adjudication hearing, there was no finding that the court erred. A district court order denying an ex parte protection order was properly excluded because it only [...]

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 [...]

Filed on February 23, 2010
Not designated for permanent publication, A-09-655
SUMMARY: Even though the children did not visually witness the domestic violence between the mother and her partner, there was sufficient evidence showing that they were adversely affected by exposure to it warranting adjudication under 43-247(3)(a).  
Mariah R., DOB 10/91, Ashley L., DOB 4/94, Justin L., [...]

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 [...]

Filed on August 4, 2009
770 N.W.2d 678, 17 Neb. App. 828
SUMMARY: The juvenile court did not err in denying transfer of the case to tribal court because the case was in its advanced stages (i.e., termination of parental rights), the father did not file the motion to transfer until 2 years into the case, and [...]

Filed on June 26, 2009
767 N.W.2d 98, 277 Neb. 1023
SUMMARY: Under its right to intervene in ICWA proceeding, a Tribe’s designated representative does not have to be authorized to practice law and may fully participate in proceedings. 
The Ponce Tribe of Nebraska made a motion to intervene in child custody proceedings involving Indian children. The [...]