Through the Eyes of the Child Initiative

Filed on October 11, 2011
19 Neb. App. 259, ____ N.W.2d ____
SUMMARY: The newly enacted statute removing the presumption that the case plan is in the child’s best interests is applicable to an already-pending case because it only affects a procedural right. DHHS must offer reasonable efforts to a parent whose goal is reunification to [...]

Filed on July 5, 2011
Not designated for permanent publication, A-10-1036
SUMMARY: Termination was in the children’s best interest where the mother failed to comply with the rehabilitation plan despite assistance from state workers, which included additional efforts addressing cultural barriers. 
Dut A., DOB 1/96, and Akon A., DOB 11/99 were removed from the care of the mother, [...]

Filed on April 19, 2011
Not designated for permanent publication, A-10-1112
SUMMARY: Termination of parental rights was proper where the mother did not make sufficient effort to work on her case plan and where the needs of the child required stability and permanency. 
Lokani, DOB 7/03, was removed from the mother, Veronica, on August 26, 2008, due to [...]

Filed on July 23, 2010
280 Neb. 291, 785 N.W.2d 849
SUMMARY: An adjudication and permanency plan must be established before the juvenile court can accept a voluntary relinquishment from the parent.
Cornelius, DOB 5/93, was adopted by Laura in 2003. Laura moved and left Cornelius with a relative in August 2008, and on August 19, 2009, [...]

Filed on May 4, 2010
Not designated for permanent publication, A-09-1080

SUMMARY: Termination of parental rights was proper under Neb. Rev. Stat. 43-292(6) because the mother had been offered services including individual therapy, parenting time and case management but failed to correct the conditions to allow reunification.
 
Americal, DOB 4/23/07, was removed from the mother, Destini, at birth [...]

Filed on April 20, 2010
Not designated for permanent publication, A-09-1023
SUMMARY: It was improper for the juvenile court to deny DHHS’ recommendation for placement and instead place the child with a family friend primarily because the child’s older half-brother already lived in the DHHS-recommended placement.  
Ipolita, born in late 2007, was removed from the mother, Blanca, [...]

Filed on May 12, 2009
767 N.W.2d 127, 17 Neb. App. 595
SUMMARY: An order determining a change in the permanency plan to adoption but keeping the same rehabilitation plan for the mother is not a final order.  
Christina R. is the mother of Lea D. (DOB 10/94), Charlie D. (DOB 1/97), Sierra R. (DOB 11/00), and [...]

Filed on November 10, 2008
758 N.W.2d 48, 17 Neb. App. 203
SUMMARY: The father’s argument against the court ordering a scientific test as part of the case plan was on the admissibility of results, not on whether taking the test was not in the children’s best interest; therefore, he did not overcome a presumption that [...]

Filed on August 26, 2008
Not designated for permanent publication
A-07-1231, A-07-1365
SUMMARY: The court violated the parents’ rights when it failed to adopt DHHS’ plan of reunification because there was no evidence to show that the plan of reunification was not in the children’s best interest. Failure to adopt the plan and denial of the parents’ visitation [...]

Filed on May 30, 2006
Not designated for permanent publication
Nebraska Court of Appeals, A-05-1407
SUMMARY: The Court of Appeals affirmed the trial court’s decision to follow the DHHS recommendation that the child be removed from his foster home and be placed with his maternal aunt.  While the foster parents’ presented some evidence indicating that Brandon’s custody should [...]