SUMMARY: Where a petition only alleges parental wrongdoing with the child’s siblings, and not any wrongdoing or neglect of the child, the juvenile court does not have jurisdiction to adjudicate that child.
T.B. was arrested for sexually assaulting her three daughters; a fourth child, D.M.B., was placed in foster care. A petition as to T.B., filed November 28, 1988, alleged D.M.B. lacked proper parental care because T.B. sexually assaulted D.M.B.’s three siblings. D.M.B.’s three siblings were adjudicated on August 27, 1986 because of filthy home conditions and improper care; T.B.’s parental rights to these three children were terminated on April 24, 1989. The allegations of sexual abuse were dismissed on April 20, 1989, and criminal charges against T.B. for the sexual abuse of the three children were dismissed in December of 1988. An adjudication hearing for D.M.B. was held July 20, 1989, and the original petition was amended to omit any reference to sexual misconduct. The new petition alleged D.M.B. came within Nebraska Revised Statute 43-247(3)(a) because T.B.’s lengthy involvement with the juvenile court and her failure to comply with the court’s recommendations in regards to her three other children. T.B. admitted to the allegations in the petition, and T.B.’s counsel waived a factual explanation because there was a discussion with counsel regarding the record in a different docket. After adjudicating D.M.B., the court issued a rehabilitation plan that aimed to address T.B.’s alleged sexual abuse, even though this was no longer included in the petition and the criminal charges had been dismissed. The court terminated T.B.’s parental rights as to D.M.B. March 7, 1990.
The Nebraska Supreme Court reversed the termination of parental rights, noting several errors on the record. First, the juvenile court never made a specific finding of fact that supported the portion of the rehabilitation plan that required T.B. to address issues with sexual assault. Second, it was improper delegation of the court’s authority to require T.B. to comply with all of a therapy program’s recommendations. Lastly, the juvenile court lacked jurisdiction over D.M.B. following the adjudication hearing, and jurisdiction to terminate T.B.’s parental rights as to D.M.B., because the petition did not include any allegations that T.B. was not properly caring for D.M.B.