In re Interest of Rylee S.
285 Neb. 774
| Neb. | 2013Background
- Rylee S., a 16-year-old nonverbal autistic child, was adjudicated under Neb. Rev. Stat. § 43-247(3)(a) with Lisa S. as her mother.
- The juvenile court ordered Lisa to participate in a pretreatment assessment and to sign releases to allow DHHS access to her treatment records.
- DHHS recommended a family-preservation plan focused on rehabilitation, including access to Lisa’s mental health information.
- Lisa opposed the relief, arguing the plan was unrelated to the adjudication and violated privacy.
- The Nebraska Supreme Court reversed, holding the planned pretreatment assessment and broad releases were unreasonable and remanded to amend the dispositional plan consistent with its findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pretreatment assessment and broad releases constitute a reasonable rehabilitative plan | Lisa contends the plan is unrelated to the adjudication and violates confidentiality. | DHHS asserts the plan is necessary to rehabilitate the parent and reunify the family. | Unreasonable; plan reversed and remanded. |
| Whether the court-ordered releases raise privacy concerns and HIPAA issues | Lisa argues the releases invade medical privacy and exceed scope. | State argues releases are within court-approved rehabilitative measures. | Not addressed on the merits due to the reversal for unreasonableness. |
Key Cases Cited
- In re Jagger L., 270 Neb. 828, 708 N.W.2d 802 (Neb. 2006) (rehabilitation plans must relate to reunification and corrective conditions)
- In re C.D.C., 235 Neb. 496, 455 N.W.2d 801 (Neb. 1990) (reasonableness depends on the plan’s relation to adjudicated conditions)
- In re L.P. and R.P., 240 Neb. 112, 480 N.W.2d 421 (Neb. 1992) (pretreatment assessments may be required in custody-related issues)
- In re J.S., A.C., and C.S., 227 Neb. 251, 268, 417 N.W.2d 147, 158 (Neb. 1987) (case-by-case analysis of rehabilitative plans)
- In re Amber G. et al., 250 Neb. 973, 554 N.W.2d 142 (Neb. 1996) (limits on rehabilitative order scope and evidence requirements)
- In re Constance G., 247 Neb. 629, 529 N.W.2d 534 (Neb. 1995) (privacy considerations in juvenile orders)