Calkins ex rel. Antonio S. v. Nebraska Department of Health & Human Services

Summary

The Supreme Court of Nebraska considered whether establishing a guardianship under the Nebraska Juvenile Code necessarily transfers custody from the Nebraska Department of Health and Human Services to the appointed guardians. The court held that a permanent guardianship for adjudicated children who had been in DHHS custody necessarily transfers custody by operation of law, and it affirmed the juvenile court's order granting the foster parents care and custody and relieving DHHS of custody, case management, and supervision.

Holdings

1. When a guardianship is established under the Nebraska Juvenile Code as a permanency arrangement for adjudicated children previously in DHHS's temporary custody, custody necessarily transfers from DHHS to the appointed guardians by operation of law.
2. The juvenile court may not appoint guardians who have only care while DHHS retains custody; appointment of the permanent guardians necessarily transfers both care and custody from DHHS.

Questions Presented

1. Whether establishing a guardianship under the Nebraska Juvenile Code as a permanency arrangement necessarily transfers custody from DHHS to the appointed guardians.
2. Whether the juvenile court could place the children in the care of Marlin and Sharon while retaining their legal custody in DHHS solely to preserve eligibility for former-ward benefits.

Disposition

affirmed