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witness

Articles tagged with: witness

  • In re Interest of Erika J. & Tyler J.

    Filed on July 12, 2011
    Not designated for permanent publication, A-10-1038, A-10-1039
    SUMMARY: Termination of parental rights was proper because the father continually failed to deal with his ongoing issues with alcohol abuse and the mother failed to understand and seek proper treatment for her mental health disorder, and neither made acceptable progress in improving their parenting [...]

  • In re Interest of Ramon N.

    Filed on October 5, 2010
    18 Neb. App. 574, 789 N.W.2d 272
    SUMMARY: Refusal to invalidate an adjudication order that was not ICWA compliant was proper because ICWA provisions apply prospectively from the formal identification of the child as Indian, because there was no basis for collateral attack and because Neb. Rev. Stat. 43-1507 does not apply [...]

  • In re Interest of Shayla H. et al.

    Filed on May 18, 2010
    Not designated for permanent publication, A-09-1142
    SUMMARY: Because the father did not show how he was prejudiced by judicial notice of evidence in the earlier adjudication hearing, there was no finding that the court erred. A district court order denying an ex parte protection order was properly excluded because it only [...]

  • In re Interest of Justice H.

    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 [...]

  • In re Interest of Emma J.

    Filed on May 11, 2010
    18 Neb. App. 389, 782 N.W.2d 330
    SUMMARY: The proper burden of proof for the adjudication of an Indian child is by a preponderance of the evidence, not clear and convincing.  
    Emma, DOB approx. 1994, was placed in foster care on May 20, 2009, based on her allegations of physical abuse [...]

  • In re Interest of Bianca H. and Eternity H.

    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. [...]

  • In re Interest of Wendy A.

    Filed December 21 2007
    274 Neb. 713, 742 N.W.2d 758 S-06-1380

    SUMMARY: Pursuant to N.R.S. 43-292.02, when deciding whether to terminate parental rights, a court should not consider than an adoptive family has been identified. 

    The children, Vincent R., Destiny A. and Antonio A., were removed from the mother’s custody based on positive drug tests at birth of [...]

  • State v. Archie

    Filed on April 25 2007
    Nebraska Supreme Court 273 Neb. 612
    SUMMARY: While “expert opinion testimony” regarding the credibility of witness statements should be excluded, in this case, the officer’s statement, “read in context,” was not to vouch for the credibility of a witness, but simply explained her departure from the standard interview form, and thus was [...]

  • In re Interest of Eden K. & Allison L.

    Filed on July 3, 2006
    14 Neb. App. 867
    SUMMARY: The sole testimony of two caseworkers with limited firsthand knowledge of the mother’s progress did not sufficiently establish that termination was in the children’s best interests, such as evidence that adoption was a possibility or of the needs or interests of the children. 
    On April 22, 2004, a [...]