SUMMARY: The juvenile court ordering of the mother to complete a pre-treatment assessment and authorizing the release of her mental health records to DHHS were not reasonable because there is no showing of any need for parental rehabilitation where the adjudication of no fault was based only on the child refusing to attend school nor is there evidence that such an order would contribute to eliminating the child’s difficulties.
A juvenile petition was filed as to Rylee, age 16, during the 2010-11 school year due to his excessive absences. It was determined that Rylee, who is non-verbal and autistic, refused to attend school and was physically aggressive with his mother, Lisa, when she tried getting him ready for school. The State then amended the petition to contain no fault allegations and, on April 4, 2012, the court adjudicated Rylee pursuant to 43-247(3)(a). Lisa met with providers and attorneys to make plans for Rylee to attend school but they proved unsuccessful due to Rylee’s behavior. When Lisa met with DHHS, she stated she suffered from anxiety and anxiety attacks and was taking medication. On that basis, DHHS recommended a pre-treatment assessment. At a disposition hearing on May 4, 2012, Lisa testified that she suffered from anxiety and posttraumatic stress disorder and was seeking treatment that she felt was working. Lisa’s counsel agreed to ask for a statement from Lisa’s therapist as to whether Lisa would benefit from other services but stated Lisa would not sign for a release of records or agree to a pre-treatment assessment. DHHS recommended the court adopt its recommendations for the court to order signing of releases and the State and Rylee’s GAL agreed with the recommendations. After extensive closing arguments, the court entered an order on May 16, 2012, adopting DHHS’ recommendations and rehabilitation plan and ordering that Lisa participate in a pre-treatment assessment and sign releases of information to allow DHHS to access therapy records. The mother appealed.
The Nebraska Supreme Court reversed the decision and remanded the case. It noted that the juvenile court has discretionary power to order a reasonable program for parental rehabilitation but that it must correct, eliminate or ameliorate the condition on which the adjudication was based. The Supreme Court noted that the main issue in this case was Rylee’s refusal to attend school caused by his nonverbal autism and that there was no evidence of fault as to the mother. It held that ordering the mother to complete a pre-treatment assessment and release records was not reasonable because there is no showing of need for parental rehabilitation nor is there evidence that such an order would contribute to eliminating Rylee’s difficulties. The Court distinguished this case from those involving abuse and neglect due to the fault of the parent, and stated that if such as order is to be entered “the record should contain evidence sufficient to justify the need behind such order and how it will lead to correcting, eliminating, or ameliorating the issue presented.” 285 Neb. 774.