316 Neb. 974
Neb.2024Background
- Jordon B. was removed from the care of his mother, Leah B., shortly after birth and adjudicated as a juvenile; Leah was appointed counsel.
- Leah voluntarily relinquished her parental rights via a notarized, witnessed document in November 2022; DHHS accepted the relinquishment.
- The State subsequently requested the juvenile court to formally terminate Leah’s parental rights, and the court complied.
- Leah, acting pro se months later, moved to rescind the termination, alleging her relinquishment was involuntary due to duress, developmental disability, and lack of proper support/representation.
- The juvenile court denied Leah’s motion, finding her claims unsupported and ruling that she lacked standing after relinquishment.
- Leah appealed; the Nebraska Supreme Court moved the case to its own docket.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge relinquishment | Leah claimed standing based on alleged invalidity | State claimed no standing post-relinquishment | Leah had standing to challenge relinquishment |
| Appealability of termination order | Leah asserted the denial was a final appealable order | State claimed there was no final appealable order | Denial of motion was final and appealable |
| Validity/voluntariness of relinquishment | Leah claimed her relinquishment was involuntary, under duress, and not knowingly made | State argued relinquishment was proper and voluntary | Leah entitled to challenge validity in a hearing |
| Due process—right to meaningful hearing | Leah argued she was not given opportunity to present evidence or meaningful hearing | State did not specifically address due process in this context | Leah was denied due process and a meaningful hearing |
Key Cases Cited
- Jesse B. v. Tylee H., 293 Neb. 973 (valid relinquishment is irrevocable unless procured by threat, coercion, fraud, or duress)
- In re Interest of Donald B. & Devin B., 304 Neb. 239 (distinguishes termination proceedings from relinquishments—statutory differences matter)
- Maria T. v. Jeremy S., 300 Neb. 563 (parents are entitled to a hearing on claims attacking validity of relinquishment)
- In re Guardianship & Conservatorship of Maronica B., 314 Neb. 597 (substance of a motion controls over its title)
- Diedra T. v. Justina R., 313 Neb. 417 (due process requires fundamental fairness and opportunity to be heard)