Juvenile Law: Abuse and Neglect

Sometimes a minor’s parents are not able to care for their child, or are not providing adequate support. In these situations, the juvenile court may get involved. If there are significant concerns about the welfare of the child, the child could be removed from the care of the parent or parents without the consent of the parent(s). Ultimately, a parent’s rights can be terminated if they are not able to properly care for their children after a rehabilitative plan has been put into place.

Removal

If the Department of Health and Human Services (DHHS) believes that children are in immediate danger, the Department is authorized to remove children from their home of their parent(s), even if the parent(s) do not consent to the removal of their children. Typically law enforcement is involved to assist DHHS in removing children from their parent’s home.

If children are involuntarily removed from the home of their parent(s) and placed in the care of DHHS, the parent(s) has a right to contest the removal and ask that the court return the children to their care. Depending on the circumstance of the case, the return of the children could happen relatively quickly, or children could remain out of the home of their parents for many months or sometimes years. Ultimately, there are some cases where children are never returned to the care of their parent(s).

Adjudication, Disposition, and Review

When there are allegations brought against a parent alleging that the parent has abused or neglected their child, there is what is called an adjudication. The State has the burden of proving that parent(s) did in fact abuse or neglect their child. If the State can meet their burden, then the children are adjudicated.

Once an adjudication takes place, there is a dispositional hearing in which DHHS recommends a plan with specific things that the parent must do to ensure the safety of their children and have the juvenile case successfully closed. The parents and attorneys involved in the case can all provide input to the court of services that they think are needed. Parents and attorneys can also object to services recommended by the Department. In the end, the court will decide what services will be court ordered that the parents must complete.

After a dispositional plan is put into place, the court will review the plan, typically every 3 to 6 months. At the review hearings DHHS will submit a report providing the court an update on the parents progress on the court ordered services. So long as the parent(s) complete all of the court ordered services, the case will eventually close. If children have been removed from the home, as parents complete services, the court will consider placing the children back into the home of the parents once it is safe to do so. If a parent does not complete the court ordered services, the parents rights could be terminated.

Termination of Parental Rights

As indicated above, if a parent does not complete the court ordered services, the parents rights could be terminated. One of the reasons for termination of parental rights is that a child has remained out of home for 15 of the most recent 22 months. This means that the fact that a child was removed and continues to remain in out of home care, usually in a foster home, could be a reason in and of itself to terminate a parent’s rights. Termination of parental rights is a complete and permanent severing of a parent’s rights to a child. If you are facing termination of your parental rights, it is imperative that you contact a juvenile law attorney to help protect your rights.

Relinquishment of Parental Rights

Sometimes parents will chose to relinquish their parental rights in lieu of their rights being terminated. In Nebraska, termination of parental rights can have a significant impact on a parent’s rights to any other children they may have, including children born after the termination of parental rights. If you are considering relinquishing your parental rights, contact an experience juvenile lawyer to discuss this decision prior to signing any paperwork relinquishing your rights.

If you have been accused of abusing or neglecting your children and find yourself involved juvenile law proceeding, or have a family member involved in a juvenile law proceeding, contact juvenile law attorneys at Stephanie Flynn Law, or call (402) 325-8469 for help.