Summary
The Nebraska Supreme Court dismissed Tina E.'s appeal from a juvenile court placement and permanency order concerning Joseph C. The court held that Tina, the child's biological paternal aunt and the adoptive sister of his father, lacked standing under Neb. Rev. Stat. § 43-2,106.01(2), because she was not among the persons authorized by statute to appeal and had never had custody of the child.
Topics
Practice areas
Questions Presented
- Whether Tina E. had standing under Neb. Rev. Stat. § 43-2,106.01(2) to appeal a juvenile court placement and permanency order.
- Whether a biological aunt who had never been awarded custody or care of the juvenile could qualify as a statutory custodian or guardian with a right to appeal.
- Whether the relative-placement preference in Neb. Rev. Stat. § 43-533(4), together with Tina's efforts toward placement and adoption, created a basis for appellate standing outside the categories listed in § 43-2,106.01(2).
Holdings
- Tina lacked standing because the right to appeal in a Nebraska juvenile case is purely statutory, and she was not among the persons authorized to appeal under Neb. Rev. Stat. § 43-2,106.01(2).
- Tina could not qualify as Joseph's custodian under § 43-2,106.01(2)(c) because she had never had custody of Joseph or been awarded his care pursuant to the Nebraska Juvenile Code.
- Neb. Rev. Stat. § 43-533(4)'s preference for relative placement did not confer on Tina a statutory right to appeal or otherwise establish standing.
Key quotations
“In a juvenile case, as in any other appeal, before reaching the legal issues presented for review, it is the duty of an appellate court to determine whether it has jurisdiction over the matter before it.” (853)
“The plain language of § 43-2,106.01(2), supplemented by this court’s interpretation of “custodian,” clearly limits the right to appeal juvenile orders to a select few, and as explained above, such language does not encompass Tina, regardless of her good intentions.” (856)
Factual background
Joseph was removed from his parents' care, placed in several homes, and ultimately placed with foster parents Heather F. and Kevin F. in Nebraska. His parents' rights were terminated, after which Tina E., a previously unknown biological aunt of Joseph's father, was located and approved for placement. Although the juvenile court initially pursued integration of Tina and her husband into Joseph's life, it later found that changing Joseph's placement would threaten his mental stability and that permanency through adoption by his foster parents was in his best interests.
Procedural history
The Lincoln County Court, sitting as a juvenile court, adjudicated Joseph as a juvenile under Neb. Rev. Stat. § 43-247(3)(a), terminated his parents' parental rights, and later ordered that Joseph remain with his foster parents and achieve permanency through adoption by them. Tina, Joseph's biological aunt and the adoptive sister of Joseph's father, filed a timely appeal after the juvenile court declined to change Joseph's placement. The Nebraska Supreme Court dismissed the appeal because Tina lacked statutory standing to appeal.