In re Interest of Julia D., a child under 18 years of age.
Diana S., appellant. State of Nebraska, appellee,
DESIGNATED FOR PERMANENT PUBLICATION
from the Separate Juvenile Court of Douglas County: Douglas
F. Johnson, Judge.
C. Riley, Douglas County Public Defender, and Zoë R.
Wade for appellant
W. Kleine, Douglas County Attorney, and Jennifer C. Clark for
Susanne Dempsey Cook, guardian ad item.
Chief Judge, and Irwin and Pirtle, Judges.
MEMORANDUM OPINION AND JUDGMENT ON APPEAL (MEMORANDUM
S. appeals from an order of the separate juvenile court of
Douglas County granting an objection to a proposed change of
placement for her daughter, Julia D., and striking the
permanency objective of reunification and ordering that no
further reasonable efforts for reunification be provided to
Diana. Based on the reasons that follow, we affirm.
was born in December 2014 and was removed from Diana's
care upon her discharge from the hospital because the
hospital staff was concerned about Diana's mental health
and believed that it affected her ability to provide for the
child's basic needs. Julia was placed in the custody of
the Department of Health and Human Services and placed in a
foster home where she has remained since she was three days
December 23, 2014, the State filed a petition to adjudicate
Julia alleging that she was homeless or destitute, or without
proper support through no fault of Diana. It alleged that
Diana had been diagnosed with psychosis and that this mental
condition made her unable to provide proper parental care,
support and supervision of Julia, and that she was unable to
provide safe, stable, and/or appropriate housing, making
Julia at risk for harm.
juvenile court entered an adjudication order on June 18,
2015, finding that Julia was within the meaning of Neb. Rev.
Stat. § 43-247(3)(a) (Cum. Supp. 2014) by a
preponderance of the evidence and through no fault of her
mother. The juvenile court ordered that Julia remain placed
outside the parental home.
Hagler, Julia's case worker, tried to identify suitable
relatives to take placement of Julia. She identified Patrick
and Deloris Collins (the Collinses), who live in Vancouver,
Washington, as a potential relative placement for Julia.
Deloris is Diana's first cousin. Hagler had to apply for
an Interstate Compact on the Placement of Children (ICPC)
home study on the Collinses to be completed by the State of
Washington before they could be approved for placement of
disposition hearing was held on August 13, 2015. A court
report and case plan dated August 6, prepared by Hagler, was
entered into evidence. Hagler reported that since December
29, 2014, Diana had attended 25 out of 46 supervised visits
offered to her. When she did participate in visits, she would
frequently refuse redirection from the visitation worker and
would end visits early. The case plan noted that as of July
27, 2015, Diana had not participated in visitation since
March. The report also stated that since December 2014, Diana
has refused to address her "severe and persistent mental
illness." It stated that at a team meeting in June 2015,
Diana was informed that she needed to address her mental
health, but she continues to refuse. The report concluded
that overall, Diana's progress has been poor, due to her
refusal to address her mental illness and her lack of
consistent participation in offered services. Hagler
recommended that a concurrent plan of adoption be accepted by
the August 13, 2015, disposition hearing, the juvenile court
ordered that the permanency objective for Julia was
reunification by May 30, 2016 with a concurrent plan of
adoption. The court further stated that ...