In re Interest of Becka P, 298 Neb. 98

Parents Robert P. and Veronica M. are the parents of three children adjudicated in juvenile proceedings after repeated motor-vehicle safety incidents and prior neglect-related referrals.
While adjudication was on appeal, the juvenile court appointed an educational surrogate for the children; that appointment was later affirmed on appeal and was not challenged on the merits.
DHHS filed a court report recommending family preservation with custody returned to the parents and the surrogate retained for educational issues.
At a November 10, 2016 dispositional hearing, the juvenile court declined to adopt DHHS’s recommendation and instead kept custody and control with DHHS.
The juvenile court ordered various services, including that DHHS confirm the children’s immunizations were current and, if not, have them made current with DHHS paying if parents or insurance could not.
Robert and Veronica appealed, arguing the court lacked authority under Neb. Rev. Stat. § 43-285(1) to order DHHS to immunize the children.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether juvenile court had authority to order DHHS to update children’s immunizations	Parents: Court lacks power to impose such conditions; § 43-285(1) gives DHHS authority and court only "assents" to DHHS decisions	State: § 43-288 authorizes the court to impose conditions (including medical care) when juveniles remain in or return to the home	Court affirmed: § 43-288(2) permits the court to require parents (and direct DHHS as needed) to provide medical care, so ordering immunizations was within court authority

In re Interest of Becka P. et al., 296 Neb. 365, 894 N.W.2d 247 (establishing de novo appellate review in juvenile cases)
In re Interest of Carmelo G., 296 Neb. 805, 896 N.W.2d 902 (appellate standard: legal questions reviewed independently)