Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Marcella G.

Supreme Court of Nebraska

February 28, 2014

IN RE INTEREST OF MARCELLA G., A CHILD UNDER 18 YEARS OF AGE. STATE OF NEBRASKA, DEPARTMENT OF HEALTH AND HUMAN SERVICES, APPELLANT,
v.
MARCELLA G., APPELLEE

Page 277

Appeal from the Separate Juvenile Court of Lancaster County: ROGER J. HEIDEMAN, Judge.

Jon Bruning, Attorney General, and C.J. Roberts, Special Assistant Attorney General, for appellant.

Dennis R. Keefe, Lancaster County Public Defender, and Margene M. Timm for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ.

OPINION

Page 278

[287 Neb. 567] Cassel, J.

INTRODUCTION

In 2013, the Legislature transferred treatment supervision in most cases involving juvenile law violations from the Office of Juvenile Services (OJS) to probation. A complex statute [1] allocated transitional responsibilities, including those regarding a youth rehabilitation and treatment center (YRTC). In this appeal, a juvenile was committed to OJS for community-based services before July 1, 2013, but after that date, OJS sought to transfer the juvenile to a YRTC. We must decide whether the juvenile court erred in making the transfer without doing so as [287 Neb. 568] a condition of intensive supervised probation (ISP). Because the plain language of the statute [2] allocated this transitional responsibility to OJS, we affirm.

BACKGROUND

On March 1, 2013, the separate juvenile court of Lancaster County adjudicated Marcella G. for a misdemeanor law violation.[3] Following a dispositional hearing, the juvenile court committed Marcella to OJS, an agency of the Nebraska Department of Health and Human Services (DHHS),[4] for treatment at the out-of-home level of care. The commitment order was entered on March 12.

On July 5, 2013, DHHS filed a motion seeking an order approving a higher level of care, from a group-home level of care to the YRTC level of care, as a condition of ISP. The juvenile court sustained the motion for higher level of care and approved the transfer of Marcella to a YRTC. However, the court overruled " [t]hat portion of the motion requesting alternative disposition in the form of [ISP]." The transfer order was entered on July 8.

DHHS timely appealed, and we moved the case to our docket under our statutory authority to regulate the caseloads of the appellate courts of this state.[5]

ASSIGNMENT OF ERROR

DHHS assigns that the juvenile court erred by placing Marcella at the YRTC without making the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.