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In re Kylie P.

Court of Appeals of Nebraska

March 15, 2016

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

Page 584

          Appeal from the Separate Juvenile Court of Sarpy County: LAWRENCE D. GENDLER, Judge.

         Patrick J. Boylan, Chief Deputy Sarpy County Public Defender, and Hannah McFall, Senior Certified Law Student, for appellant.

         Carolyn A. Rothery, Deputy Sarpy County Attorney, and Andrew T. Erickson, Senior Certified Law Student, for appellee.

         IRWIN, PIRTLE, and RIEDMANN, Judges.

          OPINION

Page 585

         [23 Neb.App. 806] Pirtle, Judge.

         INTRODUCTION

         Kylie P., a minor, was committed to the Office of Juvenile Services for placement at the Youth Rehabilitation and Treatment Center (YRTC) in Geneva, Nebraska. She appeals, asserting the juvenile court erred by not following the statutory procedure for a commitment and erred in finding she had exhausted all levels of probation supervision and options for community-based services. For the reasons that follow, we reverse, and remand for further proceedings consistent with this opinion.

         BACKGROUND

         On February 3, 2015, a juvenile petition was filed alleging multiple counts against Kylie, a child as described in Neb. Rev. Stat. § 43-247(1), (2), or (4) (Cum. Supp. 2014). The allegations included theft by shoplifting; violation of a city curfew; truancy; and being a wayward, habitually disobedient, or uncontrollable child.

          [23 Neb.App. 807] On February 23, 2015, Kylie appeared for her arraignment in the separate juvenile court of Sarpy County, Nebraska, and was advised of her rights. She agreed to a bond contract and a mental health evaluation with the understanding that she was being placed on a supervisory status with the juvenile probation office.

         At a review hearing on March 2, 2015, probation officer CJ Zimmerer submitted a supervision summary to the court. The summary described Kylie as uncooperative and argumentative, and stated that it was clear she was not going to abide by the conditions of the bond contract, including curfew, school attendance, and making

Page 586

progress in her school courses. The summary stated that Kylie admitted to having a " mental health affliction," but that she was not taking the medications prescribed to her. Instead, Zimmerer stated that it appeared Kylie was self-medicating with marijuana. Zimmerer reported that Kylie did not attend the sessions she was scheduled to at an alternative education program. Zimmerer explored other options, but " SCEP or the Daily Reporting Center" were not available at that time because each program had a waiting list. The summary stated, " Kylie has completely disregarded major portions of the bond contract, and shows no ...


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