NEBRASKA: State v. Erica J. (In re Enyce J.)
The Supreme Court of Nebraska affirmed the juvenile court’s determination of jurisdiction over a minor and dismissal of foster parents’ complaint to intervene, holding that the foster parents lacked standing to appeal an order changing the minor’s placement and that the court did not err in dismissing the foster parents’ complaint to intervene. The court found that under Neb. Rev. Stat. § 43-1314, a foster parent’s right of participation in legal proceedings is narrow, not extending to discovery, questioning, cross-examining, or calling witnesses beyond what is personally applicable to the foster parent’s own qualifications. Further, the court found that under Neb. Rev. Stat. § 43-1314, foster parents have a role in placement proceedings but it does not confer on them a right, title, or interest in the subject matter of the controversy. In this case, a minor was placed in foster care after her biological mother was incarcerated with a long-term sentence. The state relocated the minor to live with an aunt and the foster parents filed a complaint to intervene, arguing that a change in placement was not in the minor’s best interest. Because the foster parents lacked standing and they were not entitled to intervene as of right, the judgment was affirmed.
Cite: No. S-14-1168.; 2015 Neb. LEXIS 171, 291 Neb. 965 (Neb. 2015)
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