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In re Angeleah M.

Court of Appeals of Nebraska

October 6, 2015

IN RE INTEREST OF ANGELEAH M. AND AVA M., CHILDREN UNDER 18 YEARS OF AGE.
v.
D'ANGELO E., APPELLANT STATE OF NEBRASKA, APPELLEE,

Page 50

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

Matt Catlett, of Law Office of Matt Catlett, for appellant.

Joe Kelly, Lancaster County Attorney, and Shellie D. Sabata for appellee.

MOORE, Chief Judge, and PIRTLE and BISHOP, Judges.

OPINION

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[23 Neb.App. 325] Bishop, Judge.

D'Angelo E. appeals from the decision of the separate juvenile court of Lancaster County temporarily suspending his visitation with his daughters, Angeleah M. and Ava M. D'Angelo argues that the juvenile court did not have jurisdiction to enter an order suspending his visitation when there was an appeal pending. He also argues that there was no evidence that suspension of visitation was in the children's best interests. We find that the juvenile court had continuing jurisdiction to temporarily suspend D'Angelo's visitation while an appeal was pending. However, we also find that the temporary [23 Neb.App. 326] order was not a final, appealable order, and we therefore dismiss this appeal for lack of jurisdiction.

BACKGROUND

D'Angelo is the father of Angeleah, born in 2008, and Ava, born in 2009. In November

Page 52

2013, the girls were adjudicated under Neb. Rev. Stat. § 43-247(3)(a) (Supp. 2013), due to the faults or habits of D'Angelo, and D'Angelo's parental rights to the girls were terminated. D'Angelo appealed the termination of his parental rights. In a memorandum opinion, In re Interest of Angeleah M. & Ava M., No. A-13-1060, 2014 WL 3489846 (Neb.App. July 15, 2014) (selected for posting to court Web site), this court reversed the termination of D'Angelo's parental rights, but affirmed the adjudication; we remanded the matter back to the juvenile court for further proceedings.

In September 2014, the juvenile court issued a disposition order stating that the primary permanency plan was reunification with an alternative plan for adoption. Angeleah and Ava were to remain in the temporary legal custody of the Nebraska Department of Health and Human Services (DHHS) and were to remain in their foster home placement. In addition to ordering D'Angelo to cooperate with therapeutic visitation, the juvenile court ordered D'Angelo to sign releases of information as requested by DHHS, not use or possess drugs or alcohol, cooperate in a parenting assessment and cooperate with a pretreatment assessment, cooperate with random drug and alcohol testing, cooperate with all service providers, inform DHHS of any change in address or telephone number, and maintain appropriate housing and a legal means of support for himself and his children. D'Angelo appealed the dispositional order. In case No. A-14-860, an unpublished memorandum opinion filed on April 27, 2015, this court affirmed the dispositional order of the juvenile court.

On February 13, 2015, while the dispositional order was on appeal to this court, DHHS filed a motion in the juvenile court to suspend D'Angelo's visitation with Angeleah and Ava. On [23 Neb.App. 327] February 17, the juvenile court entered an order temporarily suspending D'Angelo's visits pending further hearing on the matter. A hearing was held on February 18.

At the hearing on February 18, 2014, various exhibits were received into evidence and testimony was given. Heather Post, the girls' DHHS caseworker, testified regarding DHHS' recommendation that continuing therapeutic visitation was not in the children's best interests. Post testified that she had ...


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