842 N.W.2d 191
Neb. Ct. App.2014Background
- Mariella B. and Brianna B. were removed from May Lynn L.'s custody in Feb. 2008 and placed in DHHS care; guardianship as a permanency goal emerged by 2009 with DHHS recommending guardianship over reunification.
- DHHS pursued guardianship with multiple potential guardians over years due to disruptions and May Lynn's objections, while attempting reunification initially.
- May Lynn repeatedly opposed guardianship, sought increased visitation, and requested physical custody as DHHS identified a guardian.
- In Dec. 2012, the juvenile court approved guardianship and, after hearings, issued letters of guardianship in Jan. 2013; May Lynn appealed.
- The court found letters issued properly but determined it had no authority to order visitation, reversing in part and remanding for a visitation determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether guardianship letters were properly issued | May Lynn asserts improper issuance and lack of procedural due process | DHHS/State contends juvenile court had authority under the juvenile code to establish guardianship without probate procedures | Letters issued properly; guardianship valid |
| Whether the juvenile court had authority to order visitation | May Lynn argues no statutory basis for visitation in guardianship | Court lacks explicit power to award visitation in guardianship | Court has authority to order visitation; remanded for visitation determination |
Key Cases Cited
- In re Guardianship of Rebecca B. et al., 260 Neb. 922, 621 N.W.2d 289 (2000) (juvenile court may establish guardianships without probate code procedures when juveniles are DHHS wards)
- In re Interest of Stacey D. & Shannon D., 12 Neb. App. 707, 684 N.W.2d 594 (2004) (continuing jurisdiction and ability to order supervised visitation in guardianship context)
- In re Interest of Amber G. et al., 250 Neb. 973, 554 N.W.2d 142 (1996) (guardianship not equivalent to permanent parenthood; permanency implications)
- In re Interest of Veronica H., 272 Neb. 370, 721 N.W.2d 651 (2006) (jurisdictional and liberal construction principles guiding juvenile code to protect juveniles)