In re Interest of Mekhi S., 309 Neb. 529

In Sept. 2016 the State filed a juvenile petition alleging neglect; children were adjudicated and placed with DHHS; a permanency objective of legal guardianship was set for two children (MyJhae and Zaniya).
In June 2017 the court appointed a guardian for those two children and expressly retained jurisdiction over them for modification/termination of the guardianship.
In Sept. 2020 the guardian ad litem moved to terminate the guardianship; the juvenile court terminated it and returned the children to DHHS custody after a hearing in the same juvenile docket.
The next day the State filed a second supplemental petition under Neb. Rev. Stat. § 43-247(8) seeking to reestablish juvenile-court jurisdiction and to seek orders/support; the State later moved to set the petition for adjudication.
The GAL moved to dismiss the State’s second petition, arguing the juvenile court had retained jurisdiction; the court dismissed the petition, reasoning § 43-247(8) applies when jurisdiction was lost but here the court never lost jurisdiction under § 43-1312.01(3).
The State appealed; the Nebraska Supreme Court dismissed the appeal for lack of appellate jurisdiction, holding the dismissal did not substantially affect the State’s substantial rights.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether dismissal of State's second petition is a final, appealable order affecting a substantial right	§ 43-247(8) required a second petition to reestablish juvenile-court jurisdiction after guardianship termination	Juvenile court had retained jurisdiction under § 43-1312.01(3); § 43-247(8) is for cases where jurisdiction had ended	Dismissal did not substantially affect the State's rights; no final, appealable order; appellate jurisdiction lacking; appeal dismissed

Great Northern Ins. Co. v. Transit Auth. of Omaha, 308 Neb. 916 (Neb. 2021) (assignments-of-error briefing requirements)
In re Interest of Zachary B., 299 Neb. 187 (Neb. 2018) (jurisdictional questions without factual dispute are decided as matters of law)
In re Interest of Michael N., 302 Neb. 652 (Neb. 2019) (appellate jurisdiction requires a final order/judgment)
In re Interest of Noah B. et al., 295 Neb. 764 (Neb. 2017) (an order affects a substantial right only if it affects the parties' rights with finality)
Deines v. Essex Corp., 293 Neb. 577 (Neb. 2016) (discussion of what it means to affect rights with finality)
In re Guardianship of Rebecca B. et al., 260 Neb. 922 (Neb. 2000) (juvenile court retains jurisdiction over a child placed in guardianship)
In re Interest of Brianna B., 21 Neb. App. 657 (Neb. Ct. App. 2014) (guardianship does not create the same permanency as parenthood or adoption)