Maria T. v. Jeremy S.

Summary

The Nebraska Supreme Court affirmed the dismissal of a biological mother’s habeas corpus petition challenging adoptive parents’ custody of her child. The court clarified that Nebraska’s statutory habeas corpus procedures apply in child custody proceedings and held that the petition did not allege facts establishing entitlement to relief based on an alleged failure to honor a communication and contact agreement. The court also discussed the statutory limits on using noncompliance with such an agreement to invalidate a relinquishment or adoption.

Holdings

1. The statutory procedure in Neb. Rev. Stat. §§ 29-2801 through 29-2824 applies to child-custody habeas proceedings. A motion to dismiss under Neb. Ct. R. Pldg. § 6-1112(b) has no role in such a proceeding; after issuance of the writ, a challenge to the sufficiency of the application should be made by motion to quash.
2. The application did not allege facts sufficient to warrant discharge of the child from the respondents' custody.
3. Neb. Rev. Stat. § 43-163 encompasses both written and oral agreements regarding communication or contact after an adoption when the prospective adoptee is in DHHS custody.
4. Maria waived her constitutional challenge because she raised it for the first time on appeal and failed to comply with Neb. Ct. R. App. P. § 2-109(E).

Questions Presented

1. What procedural mechanism governs a child-custody habeas proceeding and a challenge to the sufficiency of the application?
2. Whether the district court could treat the matter as an ordinary motion-to-dismiss or summary-judgment proceeding.
3. Whether alleged noncompliance with a communication or contact agreement could invalidate a parental relinquishment or consent to adoption or support discharge of the child from the adoptive parents' custody.
4. Whether constitutional challenges to the adoption and contact-agreement statutes were preserved for appellate review.

Disposition

affirmed