SUMMARY: Once the court establishes a guardianship, the responsibility and authority of DHHS no longer exists other than that related to subsidized guardianships. However, the court has continuing jurisdiction over the case even after appointment of guardianship.
On December 20, 2007, the court appointed Jazzmine’s aunt, Tammy, as her guardian and ordered that DHHS not be relieved and continue to participate in 6-month review hearings.DHHS appealed. The Nebraska Supreme Court held that once the court approves a guardianship, DHHS no longer has authority or responsibility for the child except that which might exist with subsidized guardianships. Guardianship is more than mere placement; it essentially appoints the guardian as the child’s parent. Requiring DHHS to continue in its responsibility and authority in a guardianship would create dual custody by two “separate agencies.”
However, the court is within its authority to continue its jurisdiction over the case as “a guardianship under the Nebraska Juvenile Code is subject to the continuing jurisdiction of the juvenile court which retains the power to terminate the guardianship.” In re Interest of Antonio S. and Priscilla S., 270 Neb. 792, 799 (2005).