CMiller_Order92016.pdf

III JVENILE COURT FOR DOUGLAS COUNTY, NEBRASKA

IN THE INTEREST OF ) DOC. JV 15 No. 78

) KIYAH a/k/a KIYAHA MILLER ) ORDER SUSTAINING MOTION A Juvenile(s) ) TO SUSPEND VISITATION

This matter came on before the Honorable Vernon Daniels on this 20th day of

September, 2016, for an evidentiary hearing with respect to the motion to suspend mother’s VisitS.

Present in open court were Paulette Merrell, deputy county attorney; Katrine Herrboldt, guardian ad litem; Susanne Dempsey Cook, attorney for the grandmother; Brian Muench, attorney for the father; Jill Johnson, NFC; Carol Simonsen, grandmother.

Being fully advised in the premises, the court finds:

1. That notice, service and jurisdiction of the court in this matter are proper,

2. That the Court received a sworn report from Jill Johnson regarding the last

known address of the mother for notice purposes,

3. That the guardian ad litem called Mary Atwood, Carol Simonsen, and Jill

Johnson; witnesses were sworn and subject to examination. The guardian ad litem offered exhibits 26, 30, 34, 35, 36, 37, 38 and 39, which were received without objections. The guardian ad litem rested;

4. That all other parties rested; closing arguments were Waived; and the

matter submitted; 5. That by a preponderance of the evidence, it would be in the best interest,

safety and welfare of the minor child herein to suspend the mother’s visits, and the motion to suspend visits shall be sustained,

6. That the court has reviewed the exhibits and heard the testimony of the 琴空 witnesses. It goes without saying that this court is concerned for the best _ interest, safety and welfare of this minor child. Equally important is the 器錢雞 safety and welfare of the case manager(s), service providers, and all a 253 counsel of record. While each must discharge their professional duties,

this court does not require them to take unnecessary risks and as a result 垂运鲇 Creating a situation of hurt, harm or danger to them. Health and Human ; : Services shall convene a staffing with all counsel and case professionals a to formulate a plan (if one can be identified) as to how they can discharge

” their duties without harm to themselves, 7. That this matter is scheduled for continued review and permanency

planning hearing on November 30, 2016, at 1:30 p.m. at which time:

a. The state shall identify the permanency objective, what

services/steps are required to bring about the permanency objective, and the timeframes for accomplishing the same,

 

PAGE_BREAK: PageBreakPAGE 2 JV15-78

b. The court shall be provided with a progress report from the child’s therapist which shall address whether visits can resume and/or under what conditions can visits resume; 8. That with respect to all of the above, IT IS SO ORDERED.

Dated this 20th day of September, 2016.

BY THE COURT: ヘー

M (LZze

Vernon Daniels Juvenile Court Judge

PAGE_BREAK: PageBreakI, the undersigned, certify that on September 22, 2016, I served a copy of the foregoing document upon the following persons at the addresses given, by mailing by United States Mail, postage prepaid, or via E-mail:

Brian J Muench Katrine M Herrboldt jamatbjm@cox.net legist_kmherrboldt@cox.net

Susanne M Dempsey-Cook Cindi Miller susanne@dempsey-cooklaw.com 1626 Victor Street

Omaha, NE 68110

Paulette Merrell paulette.merrell@douglascounty-ne.gov

Date: September 22, 2016 BY THE COURT: _____________________________________

CLERK

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