853 N.W.2d 225
Neb. Ct. App.2014Background
- Zoey S., born 2006, was placed in DHHS custody in August 2011 after exposure to domestic violence; foster care and juvenile proceedings followed.
- Jesse S., Zoey’s biological father, had no contact with her since 2007 and had not paid child support from 2007–2012; DHHS located him in late 2012.
- At a family team meeting on December 28, 2012, Jesse decided to sign relinquishment papers; DHHS accepted the relinquishment the same day and mailed written acceptance.
- Jesse later asserted he signed under pressure, was not properly offered counsel or counseling, and attempted to revoke the relinquishment (left a voicemail December 29, 2012 and later notified the court).
- The juvenile court found the relinquishment valid and the attempted revocation ineffective; Jesse appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jesse's relinquishment was voluntary | Jesse: he was pressured, not offered counsel, felt forced and in a "daze" when signing | DHHS/Juvenile Ct.: Jesse was repeatedly offered counsel and counseling, documents were explained, notarized, and he declined offers | Relinquishment was voluntary, knowingly and intelligently executed; court credits DHHS witnesses |
| Whether Jesse validly revoked the relinquishment | Jesse: left voicemail and later informed court that he did not want to relinquish | DHHS/Juvenile Ct.: DHHS had written acceptance the same day; revocation must be timely and delivered before agency acceptance | Revocation invalid: DHHS accepted responsibility same day, so Jesse's voicemail and later notice came too late |
Key Cases Cited
- Auman v. Toomey, 220 Neb. 70 (properly executed relinquishment valid absent threats, coercion, fraud, or duress)
- In re Interest of Justine J. et al., 286 Neb. 250 (de novo review of juvenile code cases, but appellate court gives weight to credibility findings of lower court)
- In re Interest of Nery V. et al., 20 Neb. App. 798 (four requirements for effective revocation of relinquishment)
- Kellie v. Lutheran Family & Social Service, 208 Neb. 767 (requirements and timing for revocation and agency acceptance)