In re Interest of Becka P
298 Neb. 98
| Neb. | 2017Background
- Parents Robert P. and Veronica M. have three children adjudicated in juvenile proceedings after incidents including multiple citations for failing to use child restraints and crashes where a child was unrestrained.
- Prior unrelated neglect allegations were largely unfounded; one child had been temporarily removed previously and noncourt services provided.
- DHHS recommended a permanency goal of family preservation: return custody to parents and keep the educational surrogate in place.
- The juvenile court rejected DHHS’s recommended disposition and instead continued care, custody, and control with DHHS while the children remained in the parents’ home.
- As part of its orders, the juvenile court directed DHHS to confirm the children’s immunizations were current and, if not, to make them current with DHHS paying if parents/insurance could not.
- Parents appealed, arguing the court lacked authority to order DHHS to immunize the children.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court had authority to order DHHS to update the children’s immunizations | Robert & Veronica: Court lacks authority under § 43-285(1); court may only "assent" to DHHS decisions and DHHS did not request immunizations | State/DHHS: Under § 43-288(2) the court may impose conditions (including medical care) when juvenile remains at home; ordering immunizations is authorized | Court affirmed: Juvenile court acted within its statutory authority to require immunizations as a condition related to care and medical needs |
Key Cases Cited
- In re Interest of Becka P. et al., 296 Neb. 365, 894 N.W.2d 247 (Neb. 2017) (appellate review standard in juvenile cases; prior related appellate ruling)
- In re Interest of Carmelo G., 296 Neb. 805, 896 N.W.2d 902 (Neb. 2017) (appellate review standard on questions of law)
