915 N.W.2d 45
Neb.2018Background
- Juvenile Paxton, adjudicated under Neb. Rev. Stat. § 43-247(3)(a), has diagnoses including PTSD, ADHD, TBI, disruptive mood dysregulation, and reactive attachment disorder and a history of assaultive, defiant, and destructive behavior.
- Because of prior disrupted placements, Nebraska residential facilities would not accept Paxton; he was placed at KidsTLC, a psychiatric residential treatment facility in Olathe, Kansas, beginning January 2015 and again in July 2016.
- A July 2017 psychological evaluation recommended ongoing psychiatric management, individual therapy, school services, and weekly medication monitoring upon discharge.
- The juvenile court ordered DHHS to ensure necessary services were available immediately upon Paxton’s discharge. Paxton was discharged to his parents on September 30, 2017.
- DHHS had not arranged the ordered services within 11 days post-discharge; KidsTLC offered a transition program ready to provide immediate services, while DHHS proposed local Nebraska respite care that had not yet been established.
- The juvenile court ordered DHHS to arrange and pay for Paxton to participate in the KidsTLC transition program; DHHS appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court erred by ordering DHHS to arrange and pay for Paxton to attend KidsTLC's transition program | Parents: immediate KidsTLC transition services were necessary and available to implement the court's prior order and protect Paxton's welfare | DHHS: local Nebraska respite and services would better serve Paxton and DHHS should control placement decisions; KidsTLC is several hours away | Court affirmed: juvenile court did not err; given urgent need and lack of immediately available local services, ordering DHHS to fund KidsTLC transition was in Paxton's best interests |
Key Cases Cited
- In re Interest of Josue G., 299 Neb. 784, 910 N.W.2d 159 (Neb. 2018) (juvenile cases reviewed de novo on the record)
- In re Interest of Becka P. et al., 296 Neb. 365, 894 N.W.2d 247 (Neb. 2017) (appellate courts must confirm jurisdiction before deciding merits in juvenile appeals)
- In re Interest of J.M.N., 237 Neb. 116, 464 N.W.2d 811 (Neb. 1991) (order directing DHHS to pay for treatment costs is final for appeal)
- In re Interest of B.M.H., 233 Neb. 524, 446 N.W.2d 222 (Neb. 1989) (treatment-cost orders treated as final)
- In re Interest of G.B., M.B., and T.B., 227 Neb. 512, 418 N.W.2d 258 (Neb. 1988) (discussing finality of cost orders in juvenile cases)
- In re Interest of Veronica H., 272 Neb. 370, 721 N.W.2d 651 (Neb. 2006) (juvenile court retains authority to assent to or dissent from DHHS placement and treatment decisions)
- In re Interest of Ty M. & Devon M., 265 Neb. 150, 655 N.W.2d 672 (Neb. 2003) (appellate courts will not consider issues not presented to the trial court)