In re Landon H.
Annotate this CaseThe juvenile court adjudicated Child under Neb. Rev. Stat. 43-247(3)(a) because of parental neglect. Because Mother was making poor progress toward the goal of reunification, the State moved to terminate Mother’s parental rights. Before the termination hearing began, Mother’s attorney asked the court for leave to withdraw. The juvenile court allowed the attorney to withdraw because Mother had not communicated with him. The court then terminated Mother’s parental rights to Child. Mother appealed, arguing that by allowing her attorney to withdraw before the termination hearing began, the juvenile court denied her due process. The Supreme Court vacated the court’s order, holding (1) a juvenile court may not permit an attorney to withdraw from representing a parent at a termination hearing for lack of communication unless the attorney shows that he or she has provided notice of an intent to withdraw or made diligent efforts to do so; and (2) the court’s procedures in this case denied Mother due process at the termination hearing. Remanded for a new termination hearing.
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