permanancy hearing

In re Interest of Mercedes L., January 15, 2019 (Court of Appeals of Nebraska)

Synopsis provided by Westlaw: In child protection proceedings, the County Court, Platte County, Frank J. Skorupa, J., approved a change in permanency objective for mother and each of her six minor children from reunification to guardianship. Mother appealed, and appeals were consolidated.

Holdings provided by Westlaw: The Court of Appeals held that:
1) orders issued by juvenile court approving change in permanency objective affected mother’s substantial rights and, thus, were final appealable orders;
2) changing permanency objective for mother and each of her six minor children from reunification with concurrent plan for guardianship to guardianship only was in children’s best interests; and
3) State made adequate active efforts prior to seeking change in permanency objective with respect to Indian children.
Affirmed in part and vacated in part.

Read the full decision at the National Indian Law Library website.

In the matter of L.M., October 22, 2014 (Oregon)

Synopsis provided by Westlaw: In child dependency proceedings, parents appealed judgment of the Circuit Court, Douglas County, William A. Marshall, J., changing the permanency plan for their child from reunification to adoption.

Holding provided by Westlaw: The Court of Appeals, Ortega, P.J., held that:
(1) permanency hearing was not a key juncture in which due process prohibited admission of exhibits under relaxed standards for competency of evidence;
(2) agency provided active efforts to parents under Indian Child Welfare Act (ICWA);
(3) father and mother failed to make sufficient progress to allow child to return home safely; and
(4) change in plan from reunification to adoption was not a “foster care placement” under ICWA. Affirmed.

Read the full decision at the National Indian Law Library website.