United States District Court, D. Nebraska
MEMORANDUM AND ORDER
M. GERRARD, UNITED STATES DISTRICT JUDGE
matter is before the Court on the motion for judgment on the
pleadings (filing 488) filed by Reliable Rock Counseling and
Consulting, P.C., Amanda Gurock, Komi Amededji, and Judy
McAuliffe-Treinen (collectively, the Reliable Rock
defendants). Their motion will be granted.
plaintiff, Catherine Yang Wang Anderson (Wang Anderson) is
the mother of two girls, X.C.W. and Y.C.W. Filing 154 at 2.
Wang Anderson's husband, Bo Wang (Wang) is their father.
Filing 154 at 2. X.C.W. was a minor when this case was filed,
and Wang Anderson sued both in her own capacity and as
"next friend" of X.C.W. Filing 154 at 2. Reliable
Rock is a Nebraska corporation that provides therapy
services. Filing 154 at 14. Gurock, Amededji, and
McAuliffe-Treinen are all mental health practitioners who
allegedly provided therapeutic services to X.C.W. or Y.C.W.
on behalf of Reliable Rock. Filing 154 at 13-14; filing 189
generally, Wang Anderson alleges that X.C.W. was unlawfully
made a ward of the State of Nebraska and held by the State
against her will. Filing 154 at 2. But it was Y.C.W. who
first drew the attention of authorities. According to Wang
Anderson, Y.C.W. had an "inappropriate" personal
relationship with a teacher at her high school because Y.C.W.
was permitted and encouraged to confide in him about personal
problems. Filing 154 at 24-28. According to the teacher,
Y.C.W. told him she had sexual identity issues. Filing 154 at
35. Wang Anderson blames Y.C.W.'s friendship with her
teacher for a "breakdown" in her own relationship
with Y.C.W., who reported to school officials on October 8,
2013 that Wang Anderson had threatened her. Filing 154 at 28.
on Y.C.W.'s report that she didn't feel safe going
home, sheriff's officers removed Y.C.W. from Wang
Anderson's residence and took her to Project Harmony for
a temporary foster placement. Filing 154 at 33. One of the
sheriff's deputies observed that when Wang Anderson
answered the door, she was wearing a rubber glove, and
suspected that Wang Anderson might be mentally ill. Filing
154 at 29-31. Investigators from the Nebraska Department of
Health and Human Services (DHHS) went to Wang Anderson's
residence that evening, and reported hazardous conditions.
Filing 154 at 35. So, after X.C.W. went to school the next
day, she was also placed in the temporary custody of DHHS.
Filing 154 at 36. X.C.W. and Y.C.W. were placed with the same
foster parent, and both girls were evaluated at Project
Harmony. Filing 154 at 34, 37, 43.
juvenile proceeding was initiated in the Separate Juvenile
Court of Douglas County, Nebraska. Filing 154 at 44. The
petition alleged-Wang Anderson says wrongly-that X.C.W. and
Y.C.W. had been subjected to inappropriate discipline, not
provided with safe housing, deprived of proper parental care
and support, and that Wang Anderson had been seen acting in a
manner consistent with untreated mental health needs. Filing
154 at 44-45. An ex parte juvenile court order placed the
girls in the temporary custody of DHHS, then after a hearing,
the juvenile court continued DHHS's temporary custody.
Filing 154 at 45-46.
Anderson claims that both girls began to show signs of
"mental, emotional and physical distress" that went
unnoted and untreated. Filing 154 at 48-49. Wang Anderson
blames Reliable Rock, McAuliffe-Treinen, and Gurock, among
others. Filing 154 at 48-49. Both girls were diagnosed with
mental health disorders; Wang Anderson claims the
diagnoses-made by Reliable Rock, McAuliffe-Treinen, and
Gurock-were inaccurate. Filing 154 at 52. Wang Anderson also
alleges, as a basis for liability, that Reliable Rock,
McAuliffe-Treinen, and Gurock did not recommend family
therapy, did not encourage the girls to communicate with her,
and told them they had a right to refuse contact with her.
Filing 154 at 53, 64, 81, 88.
Wang Anderson alleges that the Reliable Rock defendants
provided therapeutic services to Y.C.W. between October 8,
2013 and March 31, 2015. Filing 154 at 50. And Wang Anderson
alleges that Reliable Rock, Gurock, and McAuliffe-Treinen
"attempted to provide therapeutic services to X.C.W.
between October 8, 2013 and March 31, 2015, but she declined
to accept those services." Filing 154 at 50. Reliable
Rock assigned McAuliffe-Treinen to be the therapist for both
girls, supervised by Gurock, but Wang Anderson claims X.C.W.
and Y.C.W. should have been assigned separate therapists.
Filing 154 at 50. She also alleges, generally described, that
Reliable Rock, McAuliffe-Treinen, and Gurock included
inaccurate or false statements in the reports they prepared
after evaluating the girls. Filing 154 at 51-52, 57.
was eventually sent to a program for treating eating
disorders. Filing 154 at 54. She was partially
hospitalized-her time was split between the hospital and her
foster home. Filing 154 at 54-55. Based on suggestions from
Reliable Rock, McAuliffe-Treinen, and Gurock, DHHS
recommended to the juvenile court that all parental
visitation be therapeutic, and the court agreed. Filing 154
at 57, 64. But visitation between Wang Anderson and Y.C.W.
was suspended. Filing 154 at 57. Wang Anderson alleges that
McAuliffe-Treinen testified in juvenile court on at least one
occasion that Wang Anderson's parental rights to Y.C.W.
should be terminated, and generally "gave false and
defamatory testimony regarding Wang Anderson" in
juvenile court. Filing 154 at 58, 81. Wang Anderson also
alleges Reliable Rock, Gurock, and McAuliffe-Treinen approved
"certain ways of life, behaviors or actions that were
inappropriate, morally corruptive, harmful and detrimental. .
. ." Filing 154 at 58.
January 28, 2014, the Douglas County Attorney petitioned the
juvenile court to terminate Wang and Wang Anderson's
parental rights. Filing 154 at 75. The juvenile court
dismissed the termination petitions, but the girls were
finally adjudicated as being juveniles within the meaning of
Neb. Rev. Stat. § 43-247(3). Filing 154 at 81.
Visitation was ordered. Filing 154 at 82.
X.C.W. had been held out of school during her eating disorder
program. Filing 154 at 60. Her condition had deteriorated and
more intensive treatment was recommended. Filing 154 at 68.
She was placed in an inpatient facility in Oklahoma. Filing
154 at 73. Eventually, she was discharged and put into a new
foster placement, and continued treatment for her eating
disorder at Children's Hospital in Omaha. Filing 154 at
83-84, 86. But her anorexia later relapsed, and she was again
hospitalized. Filing 154 at 91-92. In November 2014, she was
placed at a treatment facility in Arizona. Filing 154 at 94.
Wang Anderson alleges that while in Arizona-and generally
throughout X.C.W.'s mental health treatment-X.C.W.'s
care providers didn't appropriately include X.C.W.'s
family in her therapy. Filing 154 at 96. Eventually,
visitation was cut off, allegedly in retaliation for Wang
Anderson's efforts to contact X.C.W. and participate in
her treatment. Filing 154 at 99.
activities during this period are less clear, but Wang
Anderson does allege that Gurock assigned Amededji to be
Y.C.W.'s therapist, and that Amededji interfered with
communications between Y.C.W. and Wang Anderson. Filing 154
at 72. McAuliffe-Treinen, Wang Anderson alleges, stopped
providing therapy to Y.C.W. because of unspecified
"boundary issues." Filing 154 at 81. According to
Wang Anderson, McAuliffe-Treinen "failed to maintain a
proper professional relationship with Y.C.W. and failed to
document in her discharge summary that these 'boundary
issues' were a cause for discharge." Filing 154 at
discharge from inpatient treatment, X.C.W. was returned to
her previous foster placement. Filing 154 at 102. Wang
Anderson alleges that in February and March of 2015, Reliable
Rock and Gurock provided "therapeutic visitation"
to Wang Anderson and X.C.W. Filing 154 at 103. But, Wang
Anderson says, the visitation order in place at that point
wasn't limited to therapeutic visitation-so, she claims,
Reliable Rock and Gurock deliberately interfered with her
parental relationship with X.C.W. Filing 154 at 103. She also