Friday, November 18, 2005
Nep App: Daubert standards for expert testimony do not apply in parental rights termination cases; admission of expert testimony subject to due process standard In re Interest of Kindra S., 14 Neb. App. 202 November 15, 2005. No. A-04-1443. NebApp rules that standard rules of evidence donot apply in parental rights termination case; Mother objected to psychological testimony regarding her fitness as a parent and her efforts to rehabilitate herselft. Court holds that Daubert standards will not apply in parental rights terminationcases. While a party in any proceeding has a due process right to present and challenge evidence, NEbApp finds the mother had adequate opportunity to be heard and to challenge the testimony. In re Interest of Rebecka P., 266 Neb. 869, 669 N.W.2d 658 (2003). Mother's attorney who wanted to exclude dr's deposition failed to object to offering the testimony, although he filed a motion in limine and stated objections during the deposition, he did not object at trial. On the other hand mother offered a handwritten note from a treatment center counselor inher favor but the court excluded it as cumulative.
Posted by stan_sipple at 4:57 AM