Through the Eyes of the Child Initiative

Filed on December 7, 2010
18 Neb. App. 718, 791 N.W.2d 765
SUMMARY: Termination of parental rights was improper as to the children not connected to the inappropriate sexual contact because the parents established significant progress in their ability to care and protect the children. However, with the children involved in the sexual assault, the parents [...]

Filed on November 30, 2010
18 Neb. App. 679, 791 N.W.2d 343
SUMMARY: There is no exception to making “active efforts” as there is for reasonable efforts under the aggravated circumstances exception of N.R.S. 43-283.01
On September 30, 2008, Jamyia M., was removed from the home at 2 months of age after being hospitalized for a serious, non-accidental [...]

Filed on October 26, 2010
Not designated for permanent publication, A-10-423
SUMMARY: Immediate termination after removal was proper based on prior terminations and evidence establishing that the mother continued to struggle with drug addiction and mental health issues. 
Maddison, DOB 1/08, was removed from the mother on October 30, 2009. The mother, Tasha, had her parental rights [...]

Filed on September 28, 2010
Not designated for permanent publication, A-10-274
SUMMARY: Termination was improper where the mother had substantially complied with virtually every requirement specified by the court, had improved significantly as a parent and, while there were still some concerns about the cleanliness of the home, there were no concerns about the children’s safety with [...]

Filed on September 21, 2010
Not designated for permanent publication, A-10-117
SUMMARY: Evidence establishing the mother’s repeated substance use, subsequent drug treatment programs and ongoing failure to provide stability for the children showed that termination was in the children’s best interests regardless of the loving relationship she had with them. The judge’s statements at the disposition [...]

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
784 N.W.2d 457, 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, 782 N.W.2d 320
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 [...]