In re Interest of Mekhi S.
309 Neb. 529
| Neb. | 2021Background:
- 2016: State filed juvenile petition alleging mother failed to provide proper care; children adjudicated and placed with DHHS.
- Court set permanency objective of legal guardianship for MyJhae and Zaniya and, in 2017, appointed a guardian and expressly retained jurisdiction over the children.
- The court conducted guardianship-review hearings under the juvenile docket; DHHS was relieved of care while guardianship was in place.
- Sept. 2020: GAL moved to terminate the guardianship; the court terminated it and placed the children back in DHHS custody.
- The State then filed a second supplemental petition under § 43-247(8) seeking to reestablish juvenile-court jurisdiction and related orders; the GAL moved to dismiss, arguing the court had never lost jurisdiction.
- The juvenile court dismissed the State’s second petition as unnecessary; the State appealed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the dismissal of the State’s second petition is a final, appealable order affecting a substantial right | The dismissal affected the State’s substantial parens patriae rights and was appealable | Dismissal did not substantially affect the State’s rights because the court never lost jurisdiction; no final appealable order | Dismissal did not substantially affect the State’s rights; appellate court lacks jurisdiction—appeal dismissed |
| Whether Neb. Rev. Stat. § 43-247(8) required the State to file a second petition to reestablish jurisdiction after guardianship termination | § 43-247(8) required a new petition to reestablish juvenile-court jurisdiction | § 43-1312.01(3) and existing juvenile-court retention of jurisdiction made § 43-247(8) inapplicable; no reestablishment needed | § 43-247(8) is for situations where jurisdiction had ended; here the juvenile court had retained jurisdiction, so the second petition was unnecessary |
Key Cases Cited
- In re Guardianship of Rebecca B. et al., 260 Neb. 922, 621 N.W.2d 289 (2000) (juvenile court retains jurisdiction over a juvenile placed in guardianship)
- In re Interest of Noah B. et al., 295 Neb. 764, 891 N.W.2d 109 (2017) (discusses substantial-rights/finality standard and State’s parens patriae interest in juvenile proceedings)
- Deines v. Essex Corp., 293 Neb. 577, 879 N.W.2d 30 (2016) (finality requires the order affect rights with finality)
- In re Interest of Zachary B., 299 Neb. 187, 907 N.W.2d 311 (2018) (jurisdictional questions without factual disputes are reviewed as questions of law)
- In re Interest of Brianna B., 21 Neb. App. 657, 842 N.W.2d 191 (2014) (reasoning that guardianship does not confer the same permanency as parenthood or adoption)
- Great Northern Ins. Co. v. Transit Auth. of Omaha, 308 Neb. 916, 958 N.W.2d 378 (2021) (appellate brief/assignment-of-error requirements)
