In re Interest of Becka P.

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In re Interest of Becka P.

Additional Case Names

In re Interest of Thomas P.
In re Interest of Robert P.

Case Number
S-16-0646
S-16-0647
S-16-0648
Call Date
February 3, 2017
Court Number
Garden
Case Summary

S-16-0646) In re Interest of Becka P.
S-16-0647) In re Interest of Thomas P.
S-16-0648) In re Interest of Robert P.

Garden County Court Sitting as a Juvenile Court, Judge Randin Roland

Attorneys: Michael R. Snyder (Snyder & Hilliard, P.C., L.L.O.) (for parents Robert P. and Veronica M. - Appellants) --- Philip E. Pierce (County Attorney's Office)

Civil: Educational surrogate; contempt; jurisdiction

Proceedings below: The trial court appointed an educational surrogate and gave the surrogate all educational rights over the children. The Court of Appeals affirmed the trial court's order of adjudication in A-16-0351) in a memorandum opinion issued on October 19, 2016.

Issues: The trial court 1) did not have jurisdiction to enter an order granting all of the children's educational rights to an educational surrogate while an appeal of the adjudication was pending in the Nebraska Court of Appeals, 2) erred in ordering the parents to show cause why they should not be held in contempt, and granting all educational rights over the children to an educational surrogate while the case was pending on appeal to the Nebraska Court of Appeals, and 3) imposing an unconditional punishment of removal of educational rights in a civil contempt proceeding, without giving the parents an opportunity to purge their contempt by signing the testing authorization forms.