In re Interest of A.A.
310 Neb. 679
| Neb. | 2022Background
- B.C., a minor, was removed from mother Stacy J.’s home following a child endangerment petition and became a ward of the State.
- Joshua C., B.C.’s biological father, intervened and sought immediate placement; the juvenile court denied placement based on concerns (including recent hospitalization) and the need for a transition plan.
- This court (A.A. I) reversed, holding Joshua was deprived of due process when found "unfit" without notice, and remanded with directions to develop an appropriate transition plan for temporary physical placement with Joshua using up-to-date information.
- DHHS proposed a transition plan for placement with Joshua, but Joshua refused to participate or allow inquiries necessary to implement the plan.
- On remand the juvenile court found Stacy had completed extensive reunification work, ordered physical custody to Stacy subject to a transition plan, and denied Joshua’s motion for legal custody and placement.
- Joshua appealed, arguing placement with Stacy exceeded the Supreme Court’s mandate. The Nebraska Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether placing B.C. with Stacy exceeded the appellate mandate directing placement with Joshua after development of a transition plan | Joshua: the mandate required placement with him; any contrary placement was void | State/Stacy: juvenile court retained jurisdiction; mandate did not bar reunification with custodial parent and placement with Stacy was justified by up-to-date facts and a transition plan | Affirmed: placement with Stacy under a transition plan was consistent with the mandate; Joshua's claim without merit |
Key Cases Cited
- In re Interest of A.A. et al., 307 Neb. 817 (2020) (reversed denial of placement to father and remanded to develop transition plan for temporary physical placement)
- In re Interest of A.A. et al., 308 Neb. 749 (2021) (denial of attorney fees to father)
- State v. Harris, 307 Neb. 237 (2020) (construction of appellate mandate is a question of law)
- TransCanada Keystone Pipeline v. Tanderup, 305 Neb. 493 (2020) (lower court must comply with specific remand instructions)
- In re Interest of Jedidiah P., 267 Neb. 258 (2004) (juvenile court retains continuing jurisdiction during appeal)
- In re Interest of Ethan M., 15 Neb. App. 148 (2006) (temporary placement with noncustodial parent should not substantially hinder reunification with custodial parent)