There's the Rub: Court-Agency Friction in Nebraska

Published online by Nebraska Through the Eyes of the Child Initiative, 2008

3 Pages Posted: 5 Nov 2014

See all articles by Mark Ells

Mark Ells

University of Nebraska-Lincoln, Center on Children, Families and the Law

Date Written: March 19, 2008

Abstract

There is a certain amount of tension inherent in the court-agency relationship. They share a statutory duty to insure safety and stability for abused, neglected or dependent children in the state’s care. Nebraska appellate courts have demonstrated they will extend DHHS (the child protection agency) a good deal of latitude when reviewing case plans. So long as the DHHS can demonstrate some reasonable relationship between a proposed goal or task and the basis of adjudication, the goal or task should be approved. However, the court has the authority and the duty to ensure that a proposed rehabilitation plan will provide or lead to safety and stability for children. When these counter-balanced branches of government are prudent in the exercise of legislatively granted powers, children in the care of Nebraska’s government will receive the safe and stable lives to which they are entitled.

Suggested Citation

Ells, Mark, There's the Rub: Court-Agency Friction in Nebraska (March 19, 2008). Published online by Nebraska Through the Eyes of the Child Initiative, 2008, Available at SSRN: https://ssrn.com/abstract=2518685 or http://dx.doi.org/10.2139/ssrn.2518685

Mark Ells (Contact Author)

University of Nebraska-Lincoln, Center on Children, Families and the Law ( email )

Lincoln, NE
United States
402.472.8716 (Phone)

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