In re Interest of Becka P
298 Neb. 98
| Neb. | 2017Background
- Parents Robert P. and Veronica M. are guardians of three children adjudicated in juvenile court after citations and incidents showing children unrestrained in motor vehicles, including accidents. Prior neglect allegations were previously found unfounded.
- While adjudication and related appeals (including appointment of an educational surrogate) were pending, DHHS submitted a court report recommending family preservation and return of custody to the parents, with the surrogate retained for educational matters. Guardian ad litem disagreed with returning custody.
- At the November 10, 2016 dispositional hearing the juvenile court declined DHHS’s recommendation and ordered that custody remain with DHHS. Among several directives, the court ordered DHHS to confirm and, if necessary, update the children’s immunizations, with DHHS to pay if parents/insurance could not.
- Robert and Veronica appealed, arguing the juvenile court lacked statutory authority to order DHHS to immunize the children, relying on Neb. Rev. Stat. § 43-285(1) (court may assent to department decisions). They did not raise constitutional or religious objections.
- The State relied on Neb. Rev. Stat. § 43-288(2), which authorizes the court to impose conditions on a juvenile remaining in the home or returning home, including requiring parents to provide medical care; the juvenile court had ordered the children to remain in the parents’ home.
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 lacked power to impose its own conditions; § 43-285 allows the court only to "assent" to DHHS decisions, and DHHS did not recommend immunizations | State: § 43-288(2) authorizes the court to impose conditions (including medical care) on juveniles remaining in or returning to the home; children were placed in parents’ home | Court affirmed: § 43-288(2) authorized the court to require immunizations; ordering DHHS to make them current was within juvenile court powers |
Key Cases Cited
- In re Interest of Becka P., 296 Neb. 365, 894 N.W.2d 247 (Neb. 2017) (standards for appellate review and prior related appeals in these proceedings)
- In re Interest of Carmelo G., 296 Neb. 805, 896 N.W.2d 902 (Neb. 2017) (appellate review principles applied to juvenile cases)