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IN RE INTEREST OF ANGELICA L.

No. S-08-919.

767 N.W.2d 74 (2009)

277 Neb. 984

In re INTEREST OF ANGELICA L. and Daniel L., children under 18 years of age. State of Nebraska, Appellee, v. Maria L., Appellant.

Supreme Court of Nebraska.

June 26, 2009.

Attorney(s) appearing for the Case

Jeffrey R. Kirkpatrick and Sheri A. Wortman, of McHenry, Haszard, Hansen, Roth & Hupp, P.C., Lincoln, and Brian D. Buckley, Christopher M. Huck, and R. Omar Riojas, of DLA Piper, L.L.P. (U.S.), Seattle, WA, for appellant.

Monika E. Anderson, Special Assistant Attorney General, and Robert J. Cashoili, Deputy Hall County Attorney, for appellee State of Nebraska.

Vincent M. Powers, of Vincent M. Powers & Associates, Lincoln, and Shari Lahlou, Barbara H. Ryland, and Christine Sommer, of Crowell & Morning, L.L.P., Washington, DC, for amicus curiae Legal Momentum.

Victor E. Covalt III, of Ballew & Covalt, P.C., Lincoln, and John De Leon, of Chavez & De Leon, P.A., South Miami, FL, for amicus curiae Consulate General of Guatemala.

Michael Kneale, guardian ad litem.

HEAVICAN, C.J., CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

McCORMACK, J.

I. NATURE OF CASE

In this appeal, we must balance the conflicting right of an undocumented immigrant, Maria L., to maintain custody of her children, with the State's duty to protect her children who came with her or were born in this country. Maria failed to take her child, Angelica L., for a followup doctor's appointment despite a diagnosis of respiratory syncytial virus (RSV) and her worsening condition, which failure led to Maria's arrest...

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