In re Interest of Carmelo G., a child under 18 years of age: State of Nebraska v. Latika G.

Summary

The Nebraska Supreme Court held that the mother’s procedural due process rights were violated by the more than eight-month delay between an ex parte temporary custody order and the protective custody order continuing the child’s removal from the parental home. The court vacated the juvenile court’s order and remanded for further proceedings, declining to reach the mother’s remaining assignment of error.

Holdings

1. The delay was unreasonable and violated Latika's procedural due process rights because a parent is entitled to a prompt, meaningful hearing after the State takes emergency custody of the parent's child.
2. The court did not reach the assignment of error challenging the validity and coerciveness of the safety plan because the procedural-due-process ruling was dispositive.

Questions Presented

1. Whether the more than eight-month delay between the ex parte temporary-custody order and the protective custody order violated Latika's procedural due process rights.
2. Whether the December 3, 2015, safety plan was invalid and coercive and therefore could not support continued detention.

Disposition

vacated