Through the Eyes of the Child Initiative

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 74, 277 Neb. 984
SUMMARY: Termination of the parental rights of a deported mother was improper because the State did not prove parental unfitness especially as the mother submitted overwhelming evidence in two home studies of her fitness as a parent. The “best interest” standard does not mean finding [...]

Filed on May 26, 2009
Not designated for permanent publication
A-08-1217
SUMMARY: The court lacked jurisdiction to terminate parental rights because, after learning of another state’s order establishing the father’s paternity and custody rights, it did not follow the UCCJEA requirements of (1) specifying in the order a period of time allowing the person to seek an order [...]

Filed on February 24, 2009
Not designated for permanent publication
A-08-906
SUMMARY: Although the mother’s non-compliance warranted her dismissal from the Family Drug Court program, it was error for the court not to grant the State’s oral motion for placement review based on allegations on renewal of drug use and risk to the children.  
The children, Sire E. [...]

State of Nebraska v. Josue Anaya and Mary Anaya
Filed on December 5, 2008
758 N.W.2d 10, 276 Neb. 825
SUMMARY: The statutory requirement of newborn blood-testing does not violate the free exercise of religion provisions under the Nebraska Constitution; however, the juvenile court did not have jurisdiction because evidence of the lack of blood testing alone is [...]

Filed on July 1, 2008
Not designated for permanent publication
A-08-076
SUMMARY: Once the court establishes a guardianship, the responsibility and authority of DHHS no longer exists other than that related to subsidized guardianships. However, the court has continuing jurisdiction over the case even after appointment of guardianship. 
On December 20, 2007, the court appointed Jazzmine’s aunt, Tammy, as [...]

Filed Tuesday, 11 December 2007
16 Neb. App. 246, 743 N.W.2d 91
A-07-592

SUMMARY: When a motion to transfer to juvenile court is filed, subsequent hearings cannot be held absent a finding of good cause. 

A 3(a) petition was filed alleging that the child was a member of an Indian tribe and that parental rights should be terminated [...]

Filed July 31st 2007
Nebraska Court of Appeals
15 Neb. App. 847

SUMMARY: Jurisdiction over a truant juvenile was continued even though she had attended all her classes at the Youth Rehabilitation and Treatment Center. The court ruled that “the simple fact that [she] ha[d] not been truant… [was] not enough to terminate the court’s jurisdiction, because [...]

Filed on June 5th 2007
Nebraska Court of Appeals 15 Neb. App. 641
SUMMARY: A juvenile court is not required to terminate jurisdiction over a minor child even though the basis for acquiring jurisdiction no longer exists. 
Majority Opinion On April 25, 2005, Kevin was adjudicated under § 43-247(3)(b) for being habitually truant from school. The court ordered [...]

Filed on Feb 27, 2007
Nebraska Court of Appeals
SUMMARY: Retaining jurisdiction over the children was in their best interests because “the permanency goal ha[d] not been met and the family’s lack of financial stability is directly related to their inability to care for their home and children.” The recommendations of the LB1184 team, which included [...]