Through the Eyes of the Child Initiative

Filed on November 4, 2008
Not designated for permanent publication
A-08-422
SUMMARY: Although the father had not had contact with the child six months prior to the filing of the termination petition, he did not abandon the child as he was not included in the case for 4 years, received information he did not fully understand and was [...]

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 [...]

Filed on October 14, 2008
Not designated for permanent publication
A-08-049
SUMMARY: The statutory ground for termination where the child must be out of the home 15 of the most recent 22 months requires “clear and convincing evidence of circumstances as compelling and pertinent to a child’s best interests as to those enumerated in the other subsections”, given [...]

Filed on June 17, 2008
Not designated for permanent publication, A-07-1295
SUMMARY: The mother did not challenge DHHS parameters on visitation or timely appeal the court’s order permitting DHHS’ restrictions, and her argument therefore has no merit on appeal. Termination of parental rights was proper as to all children as the mother did not truly begin working [...]

Filed on June 10, 2008
Memorandum opinion, not designated for permanent publication
A-08-050
SUMMARY: A father who voluntary relinquished his parental rights has no standing to request supervised visitation with the children. His request for visitation with a child whose parental rights he still retains was properly denied due to the fact that the serious nature of the [...]

Filed on Tuesday February 26th, 2008
Unpublished Memorandum Opinion and Judgment on AppealA-07-878
SUMMARY: Affirming the juvenile court’s termination of parental rights, the Court held that the multiple rib fractures and two subdural hematomas of differing ages in the infant child which all would have required a significant amount of force to occur supported the factor required [...]

Filed on Tuesday Feb. 5th 2008
Not designated for permanent publicationA-07-604, A-07-605
SUMMARY: Because the court did not place the children in the father’s sister’s home as recommended by DHHS, proper appeal of the placement order is to the juvenile review panel and because no request for review was made the appellate court therefore lacks jurisdiction. [...]

Friday, 18 January 2008
274 Neb. 859, 744 N.W.2d 55
S-07-393
SUMMARY: In termination of parental rights cases involving NICWA, the “serious emotional and physical damage” element is the only element that has the higher burden of “beyond a reasonable doubt” as required by statute; all other elements, including active efforts and the best interests standard, need only [...]

Filed December 21 2007
274 Neb. 713, 742 N.W.2d 758 S-06-1380

SUMMARY: Pursuant to N.R.S. 43-292.02, when deciding whether to terminate parental rights, a court should not consider than an adoptive family has been identified. 

The children, Vincent R., Destiny A. and Antonio A., were removed from the mother’s custody based on positive drug tests at birth of [...]

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 [...]