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jurisdiction

Articles tagged with: jurisdiction

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  • In re Interest of Elizabeth S.

    Filed on January 6, 2012
    282 Neb. 1015, ____ N.W.2d ____
    SUMMARY: A juvenile court should exercise its authority to order DHHS to accept a relinquishment of the child when it is in the best interests of that child to do so and not the interests of a future born child. 
    Elizabeth, DOB May 2009, was born prematurely [...]

  • 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 Karlie D.

    Filed on August 2, 2011
    19 Neb. App. 135, _____ N.W.2d _____
    SUMMARY: An order finding a grandparent to be a good moral citizen but making no appointment of guardianship is not a final order. 
    Martha, the paternal grandmother of Karlie D. intervened in her abuse/neglect proceedings in November 2009. Karlie’s father died during the proceedings. [...]

  • In re Interest of Breana M.

    Filed on April 5, 2011
    18 Neb. App. 910, 795 N.W.2d 660
    SUMMARY: A Nebraska juvenile court has subject matter jurisdiction under the juvenile code over “any juvenile” lacking proper parental care by reason or fault of the parent regardless of where the child is residing at the time the petition is filed. 
    Breana, DOB 12/08, was removed [...]

  • In re Interest of Tegan V.

    Filed on January 18, 2011
    794 N.W.2d 190, 18 Neb. App. 857
    SUMMARY: The physical locus of a child at the time an amended petition is filed does not affect the subject matter jurisdiction of the presiding juvenile court.
    Tegan, a child under one, was taken to the emergency room by her mother for second-degree burns on her [...]

  • 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 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 Ethan M.

    Filed on October 13, 2009
    774 N.W.2d 766, 18 Neb. App. 63
    SUMMARY: Permanent modification of custody in an abuse/neglect case cannot be made in a dispositional order and instead must occur pursuant to Neb. Rev. Stat. section 42-364 through a complaint to modify, a modification hearing and findings that there has been a material change in [...]

  • In re Interest of Jade S. et al.

    Filed on September 29, 2009
    Not designated for permanent publication
    A-09-344
    SUMMARY: The court erred in denying a motion by the parent to withdraw a voluntary relinquishment without a hearing based on her claims of fraud and coercion, which if proven are proper bases for withdrawal.  
    DHHS submitted a court report stating that the mother, Linda, had relinquished [...]

  • In re Interest of Leslie S. et al.

    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 [...]