SUMMARY: The Court of Appeals affirmed the trial court’s decision to follow the DHHS recommendation that the child be removed from his foster home and be placed with his maternal aunt. While the foster parents’ presented some evidence indicating that Brandon’s custody should not be changed” the court could not say “that they met their burden to prove, by a preponderance of the evidence, that changing Brandon’s placement to [his maternal aunt’s home] was not in Brandon’s best interests.”
The foster parents’ appeal the juvenile court’s decision to remove Brandon from their home and place him with his maternal aunt. DHHS initially argued that the foster parents did not have standing, however, the court disagreed. The Nebraska Supreme Court “has held that foster parents of children who have been adjudicated as being without proper support have standing to object to [DHHS’S] plan to change foster care placement of the children,” therefore it seems logical that if the court adopts DHHS’s plan over the foster parent’s objection, they should be allowed to take an appeal. However, the court was unwilling to reverse the juvenile court’s ruling on a motion in limine limiting the foster parent’s role to “presenting evidence of their fitness and qualifications to serve as foster parents.”
The court affirmed the juvenile court’s determination that placing Brandon with his maternal aunt was in his best interests. The record indicated that Brandon’s aunt “has maintained consistent contact with Brandon and is raising Brandon’s sister. Additionally,… [Brandon’s aunt] has a close relationship with Brandon.” DHHS also completed an “approved home study” on the aunt’ home in addition to background checks on all adults living in the home. In light of these findings, the juvenile court decision is affirmed.