SUMMARY: A 60-day delay between the ex parte order and protective custody hearing was not unreasonable due to the unusual circumstances of the case where DHHS did not obtain physical custody of the child until 1 ½ months after the ex parte order was issued. Because the child lived at least 6 months in Nebraska prior to being placed into foster care in Ohio, the Ohio juvenile court lacked jurisdiction to enter an initial child custody determination and therefore the UCCJEA does not apply.
Patience, DOB 8/98, was removed from the mother, Laneesha, in August 2009 when Laneesha was placed in the hospital for psychiatric evaluation after pulling off an Ohio interstate upon having delusions that a Hell’s Angel gang member drove up next to her and pointed a gun at her head. Prior to this incident, Laneesha told a DHHS caseworker that Hell’s Angels had tapped her phone, stalked her and her family, and had previously raped and killed her and then brought her back to life. Laneesha had been driving to Washington D.C. to ask for help against the Hell’s Angels from the president. Also prior to the incident, Laneesha completed a psychological evaluation whose results convince the DHHS caseworker to file for Patience’s removal from the home. The Nebraska juvenile court entered an ex parte ordering on August 7, 2009, granting temporary custody to DHHS. Also on August 7th, the Ohio juvenile court granted temporary custody to their department. A protective custody hearing scheduled for August 7th was continued because Laneesha did not receive notice and a protective custody hearing on August 26th was continued because Patience was not in DHHS custody. Patience was placed in Nebraska DHHS custody in mid-September 2009 and on September 22, 2009, the court scheduled the protective custody hearing and adjudication hearing for October 7, 2009. The mother did not appear on advice of counsel and the juvenile court adjudicated Patience within the meaning of 43-247(3)(a). The mother appealed.
The Nebraska Court of Appeals affirmed the order. The Court of Appeals found that although 60 days elapsed between the Nebraska ex parte order and the actual protective custody hearing, because Patience was in the custody of another state for a majority of the time, the delay was not unreasonable. The Court of Appeals also concluded that the Nebraska court did not have to comply with UCCJEA because it was inapplicable; namely because the Ohio court did not have jurisdiction to enter an initial child custody determination as permitted in 43-1238 since the child had lived in Nebraska for the past 6 months and was only passing through Ohio with her mother. Finally, the Court of Appeals found that although the adjudication and protective custody hearings were held together even though different rules of evidence apply, there was no indication that the juvenile court considered hearsay in its adjudication. It concluded that evidence of the mother’s delusions and her medication cessation were sufficient to warrant adjudication.