Tuesday, June 07, 2005

Appeals Court reverses Douglas County termination order

In re Interest of Dylan Z., 13 Neb. App. 586 Filed June 7, 2005. No. A-04-722. Termination of parental rights judgment is reversed for failure to meet "clear and convincing:" evidence standard required for termination of parental rights. Evidence disclosed that the father did not know he had this child, so abandonment did not apply. Further an incident involving another child and the father 's pit bull not enough to terminate parental rights. In order to terminate parental rights, the State must prove by clear and convincing evidence that one of the statutory grounds enumerated in Neb. Rev. Stat. § 43-292 (Reissue 2004) exists and that termination is in the childÂ’s best interests, while to adjudicate a minor as requiring court supervision requires only a preponderance of the evidence under § 43-247 (Cum. Supp. 2002). The child however will remain under the court's jurisdiction. Omaha .com noted that Health and Human Services has instituted more thorough procedures to contact missing fathers before taking termination or adoption actions.

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