Through the Eyes of the Child Initiative

Filed on January 10, 2012
Not designated for permanent publication, A-11-262
SUMMARY: Termination of parental rights was proper where the mother failed to make sufficient progress over 2 years in addressing her dependence and parenting issues, and the father failed to put himself in a position to parent due to his incarceration, lack of housing and failure [...]

Filed on September 6, 2011
Not designated for permanent publication, A-11-215
SUMMARY: Termination of parental rights was proper where after two years of services was unable to provide even the most minimal requirements for parenting and could not provide permanency or stability. 
Cheyenne, DOB 12/05, was formally removed from the mother, Melody, on December 29, 2008, after the [...]

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 July 27, 2010
Nebraska Court of Appeals
Not designated for permanent publication
SUMMARY: The mother’s unwillingness to address her serious mental health issues and demonstrated inability to care for the child establish that termination of parental rights was proper. Even though 43-292.01 was used as the statutory basis for termination instead of 43-292, it is [...]

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. [...]

Filed on April 27, 2010
Not designated for permanent publication, A-09-710
SUMMARY: Evidence of the father’s unstable and inappropriate living conditions for housing his toddler child and his inability to be alert and attentive due to his mental health conditions and prescription medications were sufficient for the child to be adjudicated.  
Dylan, DOB 5/07, is the subject [...]

Filed on February 16, 2010
18 Neb. App. 276, 780 N.W.2d 39
SUMMARY: It is a violation of due process to adjudicate on findings relating to mental health status of the mother when mental health was not an allegation in the petition nor was referred to in the allegation of “fault.”  
Christian L., 16 months of age, [...]

Filed on February 9, 2010
18 Neb. App. 259, 778 N.W.2d 759
SUMMARY: Termination of parental rights was improper because one of the bases was N.R.S. 43-292(5) relating to the parent’s mental condition, which requires the appointment of a guardian ad litem to the parent.  
Presten O., DOB 12/05, and Porsha O., DOB 5/07, are the children [...]

Filed on November 13, 2009
278 Neb. 869, 775 N.W.2d 384
SUMMARY: A parent’s past history of mental illness and ability to recover is relevant to the issues of whether the parent can be rehabilitated and whether termination is in the children’s best interests. As Neb. Rev. Stat. section 43-292(6) was not a ground alleged, the [...]

Filed on November 4, 2008
Not designated for permanent publication
A-08-585
SUMMARY: Termination of the father’s parental rights was proper when, after receiving adequate services for two years, the father still did not have the necessary skills, and lacked the intellectual capacity, to parent the child.  
Elvis, DOB 5/3/06, is the child of Terry and Angela. After [...]