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Articles tagged with: physical

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  • In re Damion H. and Alexandria J.

    Filed on January 5, 2010
    Not designated for permanent publication
    A-09-656
    SUMMARY: The father’s ongoing alcohol use that prevents him from properly parenting and the mother’s protection of the father and failure to protect the children from him establish that it was proper to terminate the parents’ parental rights.  
    Alexandria J., DOB 12/92, and Damion H., DOB 9/96 [...]

  • In re Interest of Chance J.

    Filed on December 31, 2009
    279 Neb. 81, 776 N.W.2d 519
    SUMMARY: A difference in physical appearance between the parent and child or a suspicion based on infidelity are not just causes for abandonment of a child born in wedlock.  
    Chance, DOB 4/17/06, was removed from the mother’s care in June 2007. On February 6, 2002, [...]

  • In re Interest of Louis S., et al

    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 [...]

  • In re Interest of Shayla H. et al.

    Filed on March 10, 2009
    764 N.W.2d 119, 17 Neb. App. 436
    SUMMARY: In a case involving the Indian Child Welfare Act (ICWA), the State must amend its pleadings to reflect the standards required under ICWA regardless of whether the court nevertheless makes the required findings. A DHHS caseworker with 11 years of experience and history [...]

  • In re Interest of McKenzi D.

    Filed on October 28, 2008
    Not designated for permanent publication
    A-08-280
    SUMMARY: Evidence showing that the father spanked or hit his child on the buttocks, thighs and legs to the extent that deep redness was visible two days after the incident and that the father has been warned by DHHS repeatedly for inappropriate discipline was sufficient for adjudication [...]

  • In re Interest of L.V.

    Filed on April 3, 1992
    240 Neb. 404, 482 N.W.2d 250
    SUMMARY: The physical presence of a parent at the hearing to terminate parental rights is unnecessary so long as the parent has been provided procedural due process. Parental incarceration may be considered in reference to abandonment as a basis for termination of parental rights under [...]

  • In re Interest of C.P.

    Filed on May 4, 1990
    235 Neb. 276, 455 N.W.2d 138
    SUMMARY: The statutory time limit to hold an adjudication hearing is directory, not mandatory. The mother’s failure to protect her child from abuse by the father by allowing her to live with him when she knew he was abusive was sufficient cause for termination of [...]