In re Interest of Diamond J., A-21-085

Mother Crystal S. was the subject of a State petition (Oct. 7, 2020) alleging her daughter Diamond J. was a child under Neb. Rev. Stat. § 43-247(3)(a) due to Crystal’s faults/habits (periods of homelessness, failure to provide basic needs, failure to report or safely house Diamond).
An ex parte order placed Diamond in the temporary custody of the Department of Health and Human Services the same day.
An adjudication hearing occurred Jan. 5, 2021; evidence (testimony of Diamond and a Department worker) showed Diamond had been homeless and inadequately cared for; Crystal denied some allegations and testified about conflict with Diamond.
The juvenile court adjudicated Diamond under § 43-247(3)(a) and ordered Diamond to remain in the temporary custody of the Department "until further order of the court," directed a predisposition evaluation, and set a disposition hearing ~30 days later.
Crystal appealed only the custody/placement portion of the January 5 order, arguing the court erred in granting continued temporary custody to the Department.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Jan. 5, 2021 order placing Diamond in Department custody is a final, appealable order	Crystal: trial court erred in granting Department continued temporary custody	Department/State: order was explicitly temporary and set for revisiting at a February disposition hearing, so not final or appealable	Court: Order was temporary, planned to be revisited; it did not affect a substantial right and was not final — appeal dismissed for lack of jurisdiction

In re Interest of Leyton C. & Landyn C., 307 Neb. 529 (2020) (juvenile cases reviewed de novo on the record)
In re Adoption of Yasmin S., 308 Neb. 771 (2021) (determination of jurisdictional issues of law reviewed independently)
In re Interest of Prince R., 308 Neb. 415 (2021) (State must prove § 43-247(3)(a) allegations by a preponderance)
In re Interest of Victor L., 309 Neb. 21 (2021) (juvenile proceedings are special proceedings for appellate purposes)
In re Interest of Zachary B., 299 Neb. 187 (2018) (appealability determination in juvenile cases is fact-intensive)
In re Interest of Kamille C. & Kamiya C., 302 Neb. 226 (2019) (custody is a substantial right but duration matters for appealability)
Tilson v. Tilson, 299 Neb. 64 (2018) (order affects a substantial right when appellate delay would significantly undermine or irretrievably lose that right)
In re Interest of Becka P. et al., 296 Neb. 365 (2017) (temporary suspensions of custody for brief periods do not affect a substantial right)
In re Interest of Darryn C., 295 Neb. 358 (2016) (order that leaves open future consideration of custody is not final or appealable)
In re Interest of Keisha G., 21 Neb. App. 472 (2013) (adjudication and disposition orders are final and appealable)