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Articles tagged with: prison

  • In re Interest of Haley P.

    Filed on January 10, 2012
    Not designated for permanent publication, A-11-606
    SUMMARY: The appellant lost in loco parentis status after being incarcerated for almost two years, not providing financial assistance and having no contact other than through letters. 
    Haley, DOB 5/03, was removed from the home of her then-believed aunt and uncle after her brother died from serious [...]

  • In re Interest of Kenyetta C.

    Filed on November 29, 2011
    Not designated for permanent publication, A-11-356
    SUMMARY: A preponderance of the evidence established that keeping the newborn with the mother in a prison nursery is contrary to the child’s welfare based on the mother’s past criminal and child welfare history. 
    Kenyetta, DOB 3/11, was removed from the mother, Crystalynn, immediately after birth after [...]

  • In re Interest of LaKeiara J.

    Filed on November 15, 2011
    Not designated for permanent publication, A-11-159
    SUMMARY: Termination of parental rights was proper where the father had little contact with the child, would be incarcerated past her age of majority, and has a history of drug use and law violations, and where the child had substantial health needs that the father cannot [...]

  • In re Interest of Maurice B. II

    Filed on August 23, 2011
    Not designated for permanent publication, A-10-1115
    SUMMARY: Termination of parental rights was proper where the father had a frequent pattern of incarceration, did not properly care for older children and had a serious drug problem that hadn’t been adequately addressed. 
    Two older siblings of Maurice Jr., DOB 7/09, were removed from the family [...]

  • In re Interest of Carrdale H. II

    Filed on April 27, 2010
    781 N.W.2d 622, 18 Neb. App. 350
    SUMMARY: Evidence proving mere possession of crack cocaine by the father without any showing that it affected the child does not establish a definite risk of future harm, and adjudication of the child on this basis was therefore improper.  
    Carrdale II, DOB 10/08, was removed [...]

  • In re Interest of Josiah T.

    Filed on September 8, 2009
    17 Neb. App. 919, 773 N.W.2d 161
    SUMMARY: Termination of parental rights on the ground of abandonment and substantial neglect through incarceration was improper because there was no concrete evidence that established the length of incarceration and that the mother abandoned the child. To have records from a prior proceeding judicially [...]

  • In re Interest of Ashantay H.

    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 [...]

  • In re Interest of DeWayne G. & Devon G.

    Filed on January 25, 2002
    263 Neb. 43, 638 N.W.2d 510
    SUMMARY: A separate hearing is not required when a parent challenges the provision of reasonable efforts under Neb. Rev. Stat. section 43-283.01. Although incarceration cannot alone be a basis for termination, the court may consider the facts that led to the incarceration and the parent’s [...]

  • 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 [...]