In re Interest of Becka P.

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The State filed juvenile petitions alleging that the three children of Mother and Father came within the meaning of Neb. Rev. Stat. 43-247(3)(a) due to the faults and habits of their parents. The juvenile court found the allegations of the petitions were true as to every child. The orders of adjudication placed custody of the children with the Nebraska Department of Health and Human Services (DHHS) and ordered speech and language and early childhood development assessments for two of the children. Mother and Father, however, refused to complete consent forms necessary to authorize the assessments ordered by the court. Consequently, the court appointed an “educational surrogate” for both children. The Supreme Court affirmed, holding (1) the juvenile court did not err in ordering Mother and Father to show cause why they should not be held in contempt and subsequently appointing an education surrogate while the adjudications were pending in the Court of Appeals; and (2) the orders appointing an educational surrogate were not imposed as a sanction for civil contempt. View "In re Interest of Becka P." on Justia Law