In re Interest of Landon H., 287 Neb. 105

Bonnie H. had parental rights terminated in Lancaster County; Landon H. was a 2-year-old with reactive attachment disorder placed in foster care.
Bonnie’s counsel withdrew shortly before the termination hearing, with the court not requiring notice to Bonnie.
The termination hearing occurred while Bonnie was incarcerated; the court did not ensure her participation or that counsel could represent her effectively.
The court continued the termination hearing and ultimately terminated Bonnie’s rights, with a copy of orders sent to an Edgar, Nebraska address and the jail.
Bonnie’s attorney later sought fees; record shows intermittent communication gaps between Bonnie and counsel.
The appellate court vacated and remanded for a new termination hearing due to due process violations related to attorney withdrawal and notice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the court violate due process by allowing withdrawal of counsel before termination without proper notice?	Bonnie (Bonnie) argues counsel withdrawal without notice denied due process.	State contends no denial where the parent could appear or obtain new counsel, and notices were available.	Yes; due process violated; vacate and remand for new hearing.
Was Bonnie afforded sufficient due process given incarceration and lack of personal attendance at hearings?	Bonnie contends incarceration required additional steps to ensure participation.	State argues presence is not always required if due process is provided and notice exists.	No; court failed to ensure participation or notice in light of incarceration.
Did the court take adequate steps to protect Bonnie’s interests when counsel withdrew and Bonnie was confined?	Bonnie asserts court did not verify representation or arrange participation.	State asserts withdrawal procedures and notice are sufficient under rules.	No; withdrawal without proof of service or diligent notice undermined due process.

In re Interest of Samantha L. & Jamine L., 286 Neb. 778 (2013) (procedural due process standards reviewed independently)
In re Interest of Jamyia M., 281 Neb. 964 (2011) (due process in juvenile appeals)
State v. Edwards, 284 Neb. 382 (2012) (due process in criminal contexts)
In re Interest of Mainor T. & Estela T., 267 Neb. 232 (2004) (due process and parental rights in juvenile proceedings)
In re Interest of L.V., 240 Neb. 404 (1992) (parental incarceration and participation in hearings)
In re Interest of A.G.G., 230 Neb. 707 (1988) (notice and counsel participation in termination)
Michael E. v. State, 286 Neb. 532 (2013) (due process in juvenile proceedings)