In re Interest of Violet T.
286 Neb. 949
| Neb. | 2013Background
- Violet was born in Douglas County, Nebraska, in Nov. 2012, tested positive for methamphetamine at birth.
- Abigael admitted methamphetamine use during pregnancy and could not care for an infant.
- State filed petition alleging Violet as a minor under Neb. Rev. Stat. § 43-247(3)(a) due to Abigael’s faults.
- Juvenile court dismissed the petition for lack of subject matter jurisdiction.
- Violet resided in Iowa with relatives; she had not lived in Nebraska after birth.
- State appeals: court agrees juvenile court lacked jurisdiction and dismisses the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court had subject matter jurisdiction | State argues § 43-247(3)(a) jurisdiction. | Abigael contends no jurisdiction since Violet wasn’t in Douglas County. | Lacked subject matter jurisdiction; dismissal of appeal. |
| Whether UCCJEA provides jurisdiction | State contends UCCJEA applies. | Abigael asserts no home state or applicable basis. | No UCCJEA jurisdiction. |
| Whether parens patriae supports jurisdiction | State relies on parens patriae authority. | Abigael argues absence from Nebraska negates power. | Parens patriae power does not confer jurisdiction here. |
Key Cases Cited
- In re Interest of Trey H., 281 Neb. 760, 798 N.W.2d 607 (2011) (Nebraska, 2011) (jurisdictional analysis for juvenile proceedings)
- In re Interest of Jorge O., 280 Neb. 411, 786 N.W.2d 343 (2010) (Nebraska, 2010) (home state and jurisdiction principles)
- In re Interest of Gabriela H., 280 Neb. 284, 785 N.W.2d 843 (2010) (Nebraska, 2010) (juvenile jurisdiction concepts)
- In re Interest of Angelica L. & Daniel L., 277 Neb. 984, 767 N.W.2d 74 (2009) (Nebraska, 2009) (parens patriae and custody jurisdiction)
- Carter v. Carter, 276 Neb. 840, 758 N.W.2d 1 (2008) (Nebraska, 2008) (jurisdictional residence considerations)
- In re Interest of Breana M., 18 Neb. App. 910, 795 N.W.2d 660 (2011) (Nebraska Appellate, 2011) (cross-county jurisdiction distinctions)
- In re Application of Reed, 152 Neb. 819, 43 N.W.2d 161 (1950) (Nebraska, 1950) (parens patriae principles in custody)