In re Interest of Hailey M.

Caselaw Number
A-07-604 & A-07-605
Filed On


SUMMARY: Because the court did not place the children in the father’s sister’s home as recommended by DHHS, proper appeal of the placement order is to the juvenile review panel and because no request for review was made the appellate court therefore lacks jurisdiction. Extensive criminal history, including domestic violence against the children’s mother and incarceration until at least June 2010, and no showing of ability to parent the children support the finding of best interests in termination of parental rights.

The father of Hailey M., Theodore M., appeals the order overruling his motion to place Hailey with his sister and appeals the order adjudicating the child within N.R.S 43-247 (3)(a) and terminating his parental rights. Hailey M. was born on October 29, 2005, and removed from her mother. On November 23, 2005, Theodore filed a motion to intervene in the mother’s case and the court approved the motion but denied visitation due to Theodore’s incarceration. On April 17, 2006, Theodore requested change of placement of Hailey to his sister’s home. On May 22nd, the State filed a petition seeking termination of Theodore’s parental rights, alleging substantial and continuous or repeated neglect and refusal to give Hailey the necessary care and protection. On May 26th, the court denied the request for placement change, and Theodore appealed. On January 16, 2007, the Court of Appeals found no error in the court’s order for DHHS to consider “any and all relative placements.” On November 15, 2006, Theodore again filed a motion for placement of Hailey with his sister. DHHS supported such placement at the hearings. Trial on termination was held on April 24, 2007, and the court terminated Theodore parental rights on April 30, 2007, concurrently overruling the motion for placement with Theodore’s sister. Evidence deduced at trial included: Theodore’s extensive criminal history since 1989, including drug-related offenses, assaults against the mother of some of his children, theft, forgery and attempted robberies. He admitted to committing offenses while knowing mothers were pregnant with his children. Theodore had been incarcerated since Hailey’s birth and would continue to be until at least June 2010, and possibly until 2013.

Regarding Theodore’s motion to place Hailey with his sister, the Nebraska Court of Appeals held that it fell within the jurisdiction of the expedited juvenile review panel process. A juvenile review panel is provided by statute to review contested disposition orders “when the court makes an order directing the implementation of a plan different from the plan prepared by the [Department] concerning the care, placement or services.” N.R.S. 43-287.03. Placement of Hailey with Theodore’s sister was part of the DHHS case plan and the motion had been denied by the court. Therefore, review must have been sought by the review panel within 10 days of disposition or the Court of Appeals lacks jurisdiction to hear an appeal. Because Theodore did not seek review from the juvenile review panel, the Court of Appeals found it had no jurisdiction to consider his appeal.

Regarding termination of parental rights, the Court of Appeals held that based on the evidence showing Theodore’s criminal history, lengthy incarceration, inability to parent or provide support, and lack of relationship with Hailey, the juvenile court did not err in terminating Theodore’s parental rights to Hailey.