In re Interest of Jackson E.
293 Neb. 84
Neb.2016Background
- Jackson E. was placed in foster care with his maternal grandmother Erin R. and Paul R. after a 2012 DHHS care petition.
- The Department's permanency objective shifted from reunification to adoption in the juvenile court.
- In 2015 the Department removed Jackson from Erin and Paul and placed him with other foster parents.
- Erin and Paul obtained intervenor status and sought placement back with Jackson.
- The county court denied Erin and Paul’s placement motion and the appeal was filed to challenge that denial; the court dismissed for lack of standing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to appeal by foster parents | Erin and Paul argue they have standing as foster parents seeking placement. | State contends foster parents lack standing under the juvenile appeals statute. | Erin and Paul have no standing; appeal dismissed for lack of jurisdiction. |
| Timeliness of notice of appeal | Not explicitly stated here; implied challenge to timeliness of the notice. | Timeliness not adjudicated because standing failed. | Not reached due to lack of standing. |
Key Cases Cited
- In re Interest of S.R., 217 Neb. 528 (1984) (custodian meaning; fosters not custodians for appeal purposes)
- In re Interest of Kayle C. & Kylee C., 253 Neb. 685 (1998) (statutory interpretation of custodian/guardian for appeal)
- In re Interest of Artharena D., 253 Neb. 613 (1997) (expanded custodian definition to include non-court arrangements)
- In re Interest of Enyce J. & Eternity M., 291 Neb. 965 (2015) (foster parents lack standing to appeal; intervenor status does not confer standing)