Through the Eyes of the Child Initiative

Filed on November 8, 2011
Not designated for permanent publication, A-11-282
SUMMARY: Termination of parental rights was proper where the father did little to address his issues as a batterer, the mother consistently denied any domestic violence against her and would allow the father would have ongoing contact, and the child’s behaviors that were consistent with exposure [...]

Filed on November 1, 2011
Not designated for permanent publication, A-11-398
SUMMARY: Termination of parental rights was proper where the father failed to stop engaging in domestic violence, had an unstable living environment and failed to complete many court-ordered services including a batterer’s group. 
Shyan, DOB 9/08, was removed from the parents’ home on March 9, 2009, due [...]

Filed on June 28, 2011
Not designated for permanent publication, A-10-1133
SUMMARY: There was sufficient evidence that the child comes within the meaning of 43-247(3)(a) based on the child’s testimony of inappropriate discipline, failure to care for injuries and her fear of her mother and step-father, but the DHHS recommendation for continued placement in the father’s home [...]

Filed on February 15, 2011
Not designated for permanent publication, A-10-893
SUMMARY: If reasonable efforts have been made to reunify the child with a parent, placing the child out-of-state with another parent does not automatically create a situation not conducive to reunification; however; a concurrent goal of adoption should be changed to “change of custody” if placement [...]

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 [...]

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 18, 2010
Not designated for permanent publication, A-09-1055
SUMMARY: Adjudication of the child removed at birth was proper because the mother failed to address issues of domestic violence by her partner against her and therefore placed the child at risk for harm.  
Bianca, DOB 2/03, and Eternity, DOB 12/04, were removed from the parental [...]

Filed on February 23, 2010
Not designated for permanent publication, A-09-655
SUMMARY: Even though the children did not visually witness the domestic violence between the mother and her partner, there was sufficient evidence showing that they were adversely affected by exposure to it warranting adjudication under 43-247(3)(a).  
Mariah R., DOB 10/91, Ashley L., DOB 4/94, Justin L., [...]