In re Interest of Cornelius K.

Caselaw Number
280 Neb. 291
Filed On


SUMMARY: An adjudication and permanency plan must be established before the juvenile court can accept a voluntary relinquishment from the parent.

Cornelius, DOB 5/93, was adopted by Laura in 2003. Laura moved and left Cornelius with a relative in August 2008, and on August 19, 2009, a petition was filed alleging abandonment. At the adjudication hearing on October 23, 2009, Laura relinquished her parental rights to Cornelius. An amended petition was then filed and Cornelius was adjudicated pursuant to N.R.S. 43-247(3)(a) based on Laura’s abandonment. DHHS appealed.

The Nebraska Supreme Court held that, although the court has authority to accept a relinquishment under In re Interest of Gabriela H., 280 Neb. 284, ___ N.W.2d ____ (2010)), the relinquishment in this case was not proper because it was accepted prior to any adjudication or permanency plan. However, the Supreme Court found that the adjudication was still valid because the record established that Cornelius had been abandoned by Laura and that there was no adult to care for him.