In re Interest of Spencer O.

SUMMARY: A permanency hearing is required for every child in foster care more than 12 months, even those in delinquency cases. As the result of the permanency hearing cannot include termination of parental rights, it was not a violation of due process not to inform him of the possibility of termination of parental rights. 

Spencer O. was placed into state care in August 2006 as the result of acts of delinquency. In March 2008, at the request of DHHS, the court held a permanency hearing pursuant to N.R.S. 43-1312(3). The court then approved DHHS’ permanency plan of reunification with the mother. Spencer appealed, claiming that 43-1312(3) does not apply in delinquency cases and that his due process rights were violated because he received insufficient notice of the potential consequences of the permanency hearing, specifically termination of parental rights.
The Nebraska Supreme Court affirmed the juvenile court’s order. It concluded that the plain language of 43-1312(3) includes all children in foster care, regardless of the reason for entering. The Court also cited In re Interest of Sarah K., 258 Neb. 52, 601 N.W.2d 780 (1999) and N.R.S. 43-533(4), noting that when read together, they “suggest that no matter why a court removes a child from his or her home – whether it is for delinquency or parental abuse or neglect – the Legislature intended a review of the long-term plans for any child in foster care.” The Court also held termination of parental rights was not a possible consequence of the permanency hearing as a separate petition would have to be filed under 43-247(3) or 43-291, and he therefore received adequate notification.