In Re Interest of Daniel W.

529 N.W.2d 548, 3 Neb. Ct. App. 630, 1995 Neb. App. LEXIS 121
CourtNebraska Court of Appeals
DecidedApril 4, 1995
DocketA-94-642
StatusPublished
Cited by9 cases

This text of 529 N.W.2d 548 (In Re Interest of Daniel W.) is published on Counsel Stack Legal Research, covering Nebraska Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Interest of Daniel W., 529 N.W.2d 548, 3 Neb. Ct. App. 630, 1995 Neb. App. LEXIS 121 (Neb. Ct. App. 1995).

Opinions

Miller-Lerman, Judge.

Ken W. and Diane W. appeal the June 10, 1994, decision of the separate juvenile court of Sarpy County, Nebraska, ordering sibling visitation between their 2-year-old daughter, Megan W., and their 16-year-old son, Daniel W., for 1 hour per month. The order of visitation arose after the court adjudged Daniel to be a juvenile under Neb. Rev. Stat. § 43-247(3)(b) (Reissue 1993). Following our review for plain error, we affirm.

FACTS

On April 1, 1992, Diane W. placed her son, Daniel W., in the custody of the Sarpy County sheriff’s Children at Risk Education (C.A.R.E.) program because of his allegedly uncontrollable behavior. In order to detain Daniel, juvenile probation officer William Marang completed a detention authorization worksheet which stated his findings that (1) Daniel’s behavior was uncontrollable and (2) Daniel’s further detention was necessary for the protection of Daniel and others.

A petition was filed on April 2, alleging that Daniel was a child within the meaning of § 43-247(3)(b) who deported himself in a manner which could seriously injure the health or morals of himself or others. The separate juvenile court of Sarpy County held a hearing on the matter on April 2 and found that Daniel’s further detention was necessary. As a result, the court placed Daniel in the temporary custody of the Nebraska Department of Social Services (DSS).

The court held an arraignment on the matter on April 22. At the arraignment, Daniel admitted the allegations of the petition. Relying on Marang’s detention authorization worksheet as a factual basis and Daniel’s admission of the allegations, Judge William D. Staley adjudged Daniel to be a child as described in § 43-247(3)(b). Judge Staley then placed Daniel in the custody of the Sarpy County sheriff pending [633]*633further disposition.

On May 22, a disposition hearing was held before Judge Staley. Present at this hearing were Daniel and his attorney appointed as guardian ad litem, Diane and Ken, and Daniel’s 5½-month-old sister, Megan W. During this hearing, Daniel told the judge he liked his sister. Judge Staley ordered that the application for Daniel’s placement at Boys Town proceed. Judge Staley also ordered Daniel to reside at home with his parents while his application for Boys Town was pending and directed the parents to participate in a parenting program.

On May 27, Daniel was returned to the custody of the Sarpy County sheriff’s office as a result of further allegations of uncontrollable behavior. Consequently, the Sarpy County Attorney’s office filed a motion for review of disposition. This motion was sustained on July 9, and the court ordered Daniel to remain in the custody of the Sarpy County sheriff. On September 8, Judge Ronald E. Reagan amended the April 22 order and placed Daniel in the custody of DSS.

On September 10, Daniel’s application was approved, and he was placed at Boys Town. Daniel resided at Boys Town until August 11, 1993, when he left to live with his paternal grandmother, Agnes R.

On June 16, 1993, a disposition hearing was held in front of Judge Lawrence D. Gendler of the separate juvenile court of Sarpy County. Daniel and his father appeared with counsel. Lori Rail, Daniel’s case manager from DSS, and Yvonne Promes from Boys Town both testified at the hearing in regard to Daniel’s progress at Boys Town. Rail also testified that the parents had taken an inactive role and had rarely visited Daniel during his stay at Boys Town. Judge Gendler’s journal entry for this hearing reflects that the parents “refused to become involved with the said minor and have stated they do not want to be part of the reunification process.”

The court held another disposition hearing on December 16, 1993. At this time, Daniel was living with his grandmother. The record suggests animosity exists between the grandmother and the parents. The court received into evidence a report from Daniel’s therapist, Daniel Dwyer, which was also signed by Thomas Jaeger, M.D., child and adolescent psychiatrist, and [634]*634the DSS case report. At the hearing, Rail again stated that Daniel continued to progress, but was in need of contact with his family. Judge Gendler’s journal entry from the hearing provides in pertinent part:

[Dwyer’s report] reflects the minor desires to have a relationship with his father and would like his father to be included in his therapy. The reports also reflect that the parents do not want anything to do with their son and do not want to participate in any therapy with him. In addition, the minor requested that visitation be considered between himself and his two year old sister.

At the December 16 hearing, Daniel’s guardian ad litem moved the court to grant supervised sibling visitations between Daniel and his sister, Megan, who was then 2 years old. The court advised the parents that a ruling on the motion would be postponed to permit the parents to consult with their counsel and to permit them an opportunity to respond.

The court took up the issue, inter alia, of visitation between Daniel and his sister, Megan, on February 3,1994. On February 3, the court received into evidence another report from Dwyer, also signed by Dr. Jaeger, which indicated that Daniel was having a great deal of difficulty dealing with the loss of his parents and the lack of contact with his sister. A report prepared by Rail generally to the same effect was also received in evidence. In connection with argument on the sibling visitation motion, the guardian ad litem for Daniel stated:

This is a case of a young man who has had some problems, who has been — has come under the jurisdiction of the court as a result of some of those problems, and who desperately wants to have a relationship with his mom and dad, who cries out for that relationship on a regular basis in therapy, who talks about it on a regular basis to me when we’ve had our discussions, who doesn’t necessarily expect that he’ll ever get to live back home again, but all he wants to do is have á relationship with his mom and dad.
It’s a situation that is heartbreaking because there have been times in which we’ve stood out in the hallway and had one parent or another walk right by this young man [635]*635with not even so much as a glance, and it’s one that hurts him very deeply and one that he continues to battle in therapy in dealing with trying to understand how he has gotten and how the family has gotten to the place in which they now are.
Dan hasn’t made a choice of his grandmother over his mom and dad. He has merely responded to the people who have expressed some attention and love for him in the last two years. What he wants to do is be able to respond to some attention and love from — and caring from his parents in the same way that he has been able to do that with the family members who have reached out to him.
As for the visitation with Megan, Dan, of course, would like to see his little sister and it hurts him deeply that he hasn’t been able to....

At the February 3 hearing, the parents iterated that they wanted no contact with Daniel, especially when he was living with his grandmother. The parents also expressed their concern that sibling visitation between Daniel and Megan would cause problems in their home.

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Bluebook (online)
529 N.W.2d 548, 3 Neb. Ct. App. 630, 1995 Neb. App. LEXIS 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-interest-of-daniel-w-nebctapp-1995.