In re Interest of Zachary B., 907 N.W.2d 311

Juvenile Zachary B., born April 2000, was adjudicated a juvenile in March 2016 for truancy and placed on probation in June 2016 with home placement and conditions to attend school.
In January 2017 the State moved to revoke probation for failures to attend school and cooperate with services; Zachary admitted the violations in February 2017.
The juvenile court deferred disposition pending an updated predisposition report and continued the matter to April 12, 2017.
At the April 12 hearing the court found extensive school absences (131 of 152 days), concluded community services were exhausted, and determined home placement posed a significant risk to Zachary’s education and future.
The court ordered temporary placement at Boys Town under authority of Neb. Rev. Stat. § 43-286, continued disposition for ~60 days, and stated it was not issuing a final dispositional order and intended to revisit placement at the next hearing.
Zachary appealed the April 12, 2017 order arguing insufficient evidence for the § 43-251.01(7) findings; the State contended the order was nonfinal and unappealable.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the April 12, 2017 order placing Zachary at Boys Town is a final, appealable order	Zachary: the order affected a substantial right (right to remain in home under § 43-251.01(7)) and must be reviewable now to preserve meaningful appellate review	State: order was temporary (continued disposition), did not affect the right with finality, thus not appealable	Court: order was temporary, intended to be revisited within ~60 days, did not affect Zachary’s home-placement right with finality, so not a final order and appeal dismissed

In re Interest of Becka P. et al., [citation="296 Neb. 365"] (addresses appealability and substantial-right analysis in juvenile cases)
In re Interest of Noah B. et al., [citation="295 Neb. 764"] (explains that an order must affect rights with finality to be appealable)
In re Interest of Cassandra B. & Moira B., [citation="290 Neb. 619"] (parental fundamental rights and finality analysis for juvenile orders)
In re Guardianship of Benjamin E., [citation="289 Neb. 693"] (recognizes child’s reciprocal right to be raised by parents)
In re Guardianship of D.J., [citation="268 Neb. 239"] (context on parent-child relationship as fundamental right)
In re Interest of Karlie D., [citation="283 Neb. 581"] (juvenile court’s continuing authority to change custody and effect on appealability)