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 Nathaniel P.

Court of Appeals of Nebraska

May 27, 2014

IN RE INTEREST OF NATHANIEL P., A CHILD UNDER 18 YEARS OF AGE.
v.
ASHLEY P., APPELLANT STATE OF NEBRASKA, APPELLEE,

Page 682

Appeal from the Separate Juvenile Court of Lancaster County: LINDA S. PORTER, Judge.

Abby Osborn, of Shiffermiller Law Office, P.C., L.L.O., for appellant.

Joe Kelly, Lancaster County Attorney, and Ashley Bohnet for appellee.

INBODY, Chief Judge, and PIRTLE and RIEDMANN, Judges.

OPINION

Page 683

[22 Neb.App. 47] Riedmann, Judge.

INTRODUCTION

Ashley P. appeals the order of the separate juvenile court of Lancaster County suspending her right to make educational decisions for her minor child, Nathaniel P. We conclude that the order appealed from was not a final order because it was temporary in nature and, thus, did not affect a substantial [22 Neb.App. 48] right of Ashley. Accordingly, we dismiss the appeal for lack of jurisdiction.

BACKGROUND

Ashley is the mother of Nathaniel, who was born in 2006. Nathaniel was removed from Ashley's care in November 2012 due to reports of abuse and neglect. He was placed in the temporary custody of the Department of Health and Human Services (DHHS) at that time.

In February 2013, Nathaniel was adjudicated as a child within the meaning of Neb. Rev. Stat. § 43-247(3)(a) (Reissue 2008). The juvenile court found that Nathaniel lacked proper parental care by reason of the fault or habits of his mother, Ashley, in that she had failed to provide a safe and stable residence for Nathaniel since at least September 2012 and had failed to recognize and address Nathaniel's specialized needs resulting from his developmental delays. It ordered temporary legal and physical custody of Nathaniel to remain with DHHS.

Following a dispositional hearing in March 2013, the juvenile court adopted a case plan and ordered Ashley to participate in various rehabilitative services, including a psychological evaluation, a parenting assessment, one-on-one family support services, and individual and family therapy, as arranged by DHHS. It further ordered that Nathaniel shall remain in the temporary custody of DHHS.

A review hearing was held in the juvenile court on June 17, 2013. DHHS presented evidence regarding Ashley's lack of participation in court-ordered rehabilitative services and ongoing concerns about her ability to make educational decisions in Nathaniel's best interests. A report submitted by Nathaniel's guardian ad litem recommended that Ashley's educational rights be suspended. At the conclusion of the hearing, the juvenile court stated on the record that it would " suspend [Ashley's] educational rights, at least on a ...


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.