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In re Violet T.

Supreme Court of Nebraska

November 22, 2013

In re Interest of Violet T., a Child Under 18 Years of Age.
v.
Abigael T., Appellee. State of Nebraska, Appellant,

Page 460

[Copyrighted Material Omitted]

Page 461

Appeal from the Separate Juvenile Court of Douglas County: DOUGLAS F. JOHNSON, Judge. Appeal dismissed.

Donald W. Kleine, Douglas County Attorney, Debra Tighe-Dolan, and Emily H. Anderson, Senior Certified Law Student, for appellant.

Kate E. Placzek, of Law Office of Kate E. Placzek, for appellee.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ.

Syllabus by the Court

1. Judgments: Jurisdiction: Appeal and Error. A jurisdictional question which does not involve a factual dispute is determined by an appellate court as a matter of law, which requires the appellate court to reach a conclusion independent from the lower court's decision.

2. Statutes: Appeal and Error. Statutory interpretation is a question of law, which an appellate court resolves independently of the trial court.

[286 Neb. 950] 3. Jurisdiction: Appeal and Error. Subject matter jurisdiction is a court's power to hear and determine a case in the general class or category to which the proceedings in question belong and to deal with the general subject involved in the action or proceeding before the court and the particular question which it assumes to determine.

4. Juvenile Courts: Jurisdiction: Statutes. As a statutorily created court of limited and special jurisdiction, a juvenile court has only such authority as has been conferred on it by statute.

5. Juvenile Courts. The Nebraska Juvenile Code should be liberally construed.

6. Juvenile Courts: Jurisdiction. To obtain jurisdiction over a juvenile, the juvenile court's only concern is whether the conditions in which the juvenile presently finds himself or herself fit within the asserted subsection of Neb.Rev.Stat. ยง 43-247 (Reissue 2008).

7. Jurisdiction: Minors: Domicile: Child Custody. The jurisdiction of a state to regulate the custody of an infant found within its territory does not depend upon the domicile of the parents.

Heavican, C.J.


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