In re Interest of Torrien H., A-20-749

Torrien H., born Feb. 2002, was adjudicated a juvenile and placed on probation in 2017 and previously committed to YRTC in 2019.
Probation used numerous community and supervisory interventions (group homes, kinship, foster care, shelters, electronic monitoring, psychiatric residential treatment, multi-systemic therapy, intensive family preservation) before 2020.
In Sept. 2020 Torrien admitted violating probation; court deferred disposition, placed her with grandmother under conditional release, but she ran away and was deemed a flight risk.
At a subsequent detention hearing the court, citing Neb. Rev. Stat. § 43-286(5)(b)(v), found community options exhausted and recommitted Torrien to YRTC without a separate commitment motion or re-filing, prompting this appeal.
Torrien asserted procedural and substantive due process violations and challenged the court’s exhaustion finding.
The Court of Appeals dismissed the appeal as moot because Torrien turned 19 and is no longer under juvenile court jurisdiction; it declined the public‑interest mootness exception because the issues do not inherently evade review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether committing Torrien to YRTC without a motion, formal notice, or opportunity to be heard violated procedural due process	Torrien: court committed her at a detention hearing without required motion/notice and hearing protections	State: appeal moot; juvenile court lost jurisdiction when Torrien turned 19	Appeal dismissed as moot; court lacked jurisdiction to decide the claim
Whether recommitment under § 43-286(5)(b)(v) without § 43-286(1)(b)(ii) protections violated substantive due process	Torrien: substance of protections were bypassed, violating due process	State: mootness; merits not reached because of loss of jurisdiction	Dismissed as moot; merits not addressed
Whether the juvenile court erred in finding all levels of probation/community services exhausted	Torrien: court’s exhaustion finding was incorrect and procedurally improper	State: mootness; commitment already complete and case rendered nonjusticiable	Dismissed as moot; exhaustion finding not reviewed on merit

State ex rel. Peterson v. Ebke, 303 Neb. 637, 930 N.W.2d 551 (2019) (mootness is a jurisdictional question reviewed as a matter of law)
In re Interest of Nathaniel M., 289 Neb. 430, 855 N.W.2d 580 (2014) (juvenile discharge from YRTC can render appeal moot)
State v. Warner, 290 Neb. 954, 863 N.W.2d 196 (2015) (describing public‑interest exception to mootness when issues might evade appellate review)
Nesbitt v. Frakes, 300 Neb. 1, 911 N.W.2d 598 (2018) (public‑interest exception inappropriate when issues do not inherently evade appellate review)