SUMMARY: Continued custody of an unattended child was not improper where the mother missed several meetings with the caseworker, causing a delay in collecting information.
Six-year-old Imelda was removed on October 24, 2011, after she was left locked out of her home after returning from school and the mother, Arnetta, did not appear after being contacted by police. The caseworker scheduled a meeting with Arnetta for October 25th but Arnetta canceled one-hour prior. Arnetta was not present at her apartment when the caseworker arrived for a scheduled October 27th meeting. A meeting did occur between Arnetta and the caseworker on November 1st. On November 2, 2011, a Protective Custody Hearing was held. The caseworker testified that there were allegations Imelda had been left alone before but she needed to investigate further. She also testified that a child care provider told her there had never been a prior issue with Arnetta not being there to pick up her children. A voluntary urine test also returned negative for illegal substances. After the hearing, the court continued custody of Imelda on the basis that Arnetta appeared to be providing inadequate care, and also found reasonable efforts to reunify had been made through the provision of case management and relative placement. Arnetta appealed.
The Nebraska Court of Appeals affirmed the court’s order. The Court of Appeals noted that the caseworker’s failure to conduct a sufficient investigation by the time of the Protective Custody Hearing was due to Arnetta’s failure to keep her appointments. It reviewed the evidence and concluded continued custody was proper.