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In re Cassandra B.

Supreme Court of Nebraska

April 3, 2015

IN RE INTEREST OF CASSANDRA B. AND MOIRA B., CHILDREN UNDER 18 YEARS OF AGE. STATE OF NEBRASKA, APPELLEE,
v.
ANGEL B., APPELLANT

Page 399

Appeal from the Separate Juvenile Court of Lancaster County: LININDA S. PORTER, Judge.

John C. Ball, of Pollack & Ball, L.L.C., for appellant.

Joe Kelly, Lancaster County Attorney, and Lory A. Pasold for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ.

OPINION

Page 400

[290 Neb. 620] Stephan, J.

Angel B. is the mother of Cassandra B., born in 1998, and Moira B., born in 2008. She appeals from an order of the separate juvenile court of Lancaster County prohibiting her from homeschooling Moira until further order of the court. We conclude that the order was final and appealable. Finding no error, we affirm.

FACTS

In May 2012, the State asked the juvenile court to place Cassandra and Moira in the temporary custody of Nebraska's Department of Health and Human Services (DHHS) pursuant to Neb. Rev. Stat. § 43-248 (Cum. Supp. 2012). The request was supported by the affidavit of a representative of the Lancaster County sheriff's office describing an incident that occurred at a home in rural Lancaster County, Nebraska, on May 11, 2012. The juvenile court entered the requested order, based upon its finding that Cassandra, who was then 13 years old, had been forced to sleep outside in a tent when the temperature was 55 degrees. When Cassandra attempted to reenter the house, she was forced back into the tent and her uncle " zip tied" the tent shut. Cassandra escaped, and Angel then turned on a water hose, which Cassandra's uncle used to spray Cassandra with water. Angel also gave the uncle a rope, which he attempted to tie around Cassandra's wrists. The court found that these facts placed both Cassandra and Moira at risk of harm.

Angel subsequently entered a no contest plea to an amended petition alleging that both Cassandra and Moira were children

Page 401

who came within the meaning of Neb. Rev. Stat. § 43-247(3)(a) (Reissue 2008), and the children were [290 Neb. 621] adjudicated on August 1, 2012. The adjudication order included a finding that Cassandra had " severe mental and behavioral health needs" which required " immediate intervention for the safety and well-being of both minor children." The order further found that " [o]n one or more occasion[s]," Angel had " used inappropriate discipline when trying to handle Cassandra['s] extensive needs. Angel . . . needs assistance in addressing the extensive needs of Cassandra . . . and learning appropriate discipline. The above situation places both of the minor children at risk of harm."

The court ordered that temporary legal and physical custody of both children should remain with DHHS. Cassandra was placed outside the home, but Moira was returned to the physical care of Angel and has remained there since. Cassandra now resides with her paternal grandparents in another state. This appeal pertains only to Moira.

The original disposition was on October 22, 2012. At that time, the court adopted a case plan, which provided in relevant part that Angel should not subject Moira to any form of physical discipline or restraint and ...


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