In re Interest of Becka P. et al., children under 18 YEARS OF AGE.
Robert P. and Veronica M., appellants. State of Nebraska, appellee,
Juvenile Courts: Appeal and Error. An
appellate court reviews juvenile cases de novo on the record
and reaches a conclusion independently of the juvenile
Appeal and Error. On a question of law, an appellate
court reaches a conclusion independently of the court below.
from the County Court for Garden County: Randin Roland,
S. Harvoy for appellant Robert P.
brief, Michael R. Snyder, of Snyder & Hilliard, PC,
L.L.O., for appellants.
E. Pierce, Garden County Attorney, for appellee.
Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy, Kelch,
and Funke, JJ.
dispositional hearing, the county court for Garden County,
Nebraska, sitting as a juvenile court, declined to adopt a
case plan and a court report recommended by the Department of
Health and Human Services (DHHS). Among [298 Neb. 99] other
instructions, the court ordered DHHS to update the
children's immunizations. The children's parents,
Robert P. and Veronica M., appeal. We affirm.
and Veronica are the parents of Becka P., Thomas P., and
Robert P., Jr. Prior to 2015, multiple claims were made
against Robert and Veronica, alleging physical neglect of the
children. The court concluded that these allegations were
unfounded. In one instance, Becka was removed from the home
for a time, but was returned and noncourt services were
provided. In another instance, services were offered but
December 2015, the State filed juvenile petitions and
affidavits in support of those petitions, alleging that
Robert and Veronica had collectively been cited four times
since 2013 for failure to use a child safety restraint.
Evidence was presented that one of Robert and Veronica's
children had been involved in several automobile accidents
while riding unrestrained in the front seat while Robert was
driving. One of the accidents involved a fire, and another
accident involved a rollover, where it was determined that
the child was sitting unrestrained on Robert's lap while
he was driving. The children were adjudicated; that
adjudication was affirmed in an unpublished memorandum
opinion by the Nebraska Court of Appeals on October 16, 2016,
in cases Nos. A-16-351 through A-16-353.
the adjudication was on appeal, the juvenile court appointed
an educational surrogate for the children. Robert and
Veronica appealed. This court found that Robert and Veronica
were appealing from final orders and affirmed the county
court's appointment, concluding that (1) the appeals of
the adjudication did not divest the juvenile court of
jurisdiction to issue or rule on the various orders to show
cause and (2) the orders appointing the educational surrogate
were not premised on a finding of contempt; thus, Robert and
Veronica's assertion that they should have been given ...