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 July 13, 2010
Not designated for permanent publication, A-09-1229
SUMMARY: Termination of parental rights was proper based on the mother’s lack of progress over 2 years including failure to attend visitation and therapy, learn about the children’s medical needs, and access prenatal care.  
Marquesha C, DOB 9/92, Fate B., DOB 12/96, Tylesha M., DOB 5/99, [...]

Filed on June 1, 2010
____ N.W.2d ____, 18 Neb. App. 449
SUMMARY: Failure to notify the appropriate foreign consulate as required by the Vienna Convention and N.R.S. 43-3804 is not a violation of the parent’s due process rights. 
Antonio, DOB 10/04, and Gisela, DOB 7/06, are the children of Jose, a Mexican national. Antonio and his [...]

Filed on May 21, 2010
279 Neb. 900, ____ N.W.2d ____
SUMMARY: Because it must be determined that termination is in the best interests of the child which requires a consideration of the child’s current situation, 43-292(2) is not unconstitutional just because the factual basis for it may be focused primarily on prior neglect of siblings. [...]

Filed on May 18, 2010
Not designated for permanent publication, A-09-1056
SUMMARY: Where the mother continued to have contact with the father who had committed acts of extreme domestic violence against her in the past and failed to comply with the case plan, termination of parental rights was proper. 
Bianca, DOB 2/03, and Eternity, DOB 12/04, were removed [...]

Filed on May 18, 2010
Not designated for permanent publication, A-09-1060
SUMMARY: Serious emotional or physical damage under ICWA was likely to result if the child was returned home given the degree of domestic violence committed by the father against the mother and failure to address the issues. Termination of the parental rights of both [...]

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 March 30, 2010
Not designated for permanent publication, A-09-1057
SUMMARY: There was not a violation of the father’s due process rights in the termination of his parental rights as, although he could not attend a portion of the trial due to incarceration, he was offered counsel and the opportunity to submit evidence and cross-examine witnesses. [...]

Filed on March 30, 2010
Not designated for permanent publication, A-09-801
SUMMARY: Given the father’s positive actions in turning his life around since he learned that the child had been removed from the mother, it was not error for the court to deny the petition to terminate his parental rights.  
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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 [...]