SUMMARY: It was improper for the juvenile court to deny DHHS’ recommendation for placement and instead place the child with a family friend primarily because the child’s older half-brother already lived in the DHHS-recommended placement.
Ipolita, born in late 2007, was removed from the mother, Blanca, in November 2008 when Blanca was arrested on drug-related charges. She was placed with Laurie and her husband, who had adopted Ipolita’s older half-brother. On March 3, 2009, Ipolita was adjudicated within the meaning of 43-247(3)(a). On April 14, 2009, Blanca filed a motion to change placement to home of her friend, Veronica, whom she and Ipolita lived with until October 2008. DHHS recommended placement with Laurie and her husband. Ipolita’s youngest brother, whom Ipolita has never met, lives with Veronica. Veronica has the same cultural heritage as Ipolita and was willing to take Ipolita to visit her Mexican relatives. A home study approved Veronica’s home. Laurie was not of Mexican heritage but had relatives who were and who were willing to educate Ipolita. Ipolita had a strong relationship with her older brother and they played together every day. On June 17, 2009, the juvenile court entered an order denying DHHS’ recommended placement and placed the child with Veronica. DHHS requested review by a juvenile review panel, which found placement with Veronica not to be in Ipolita’s best interests and ordered that Ipolita remain in her placement with Laurie. Blanca appealed.
The Nebraska Court of Appeals affirmed the decision of the juvenile review panel. It found that the juvenile court ordered placement was not in Ipolita’s best interests primarily because it would disrupt the bond between her and her older brother. However, the Court of Appeals also noted that even though the home study approved Veronica’s home it had concerns that Veronica had not noticed that Blanca was using methamphetamine while living with her and that she has immediate relatives who may visit the home who have been jailed on drug charges. Although Veronica has the same cultural heritage as Ipolita, this is only a slight advantage because Laurie has relatives of the same heritage who could provide the same education.