IN RE INTEREST OF KYLIE P., A CHILD UNDER 18 YEARS OF AGE. STATE OF NEBRASKA, APPELLEE,
KYLIE P., APPELLANT
from the Separate Juvenile Court of Sarpy County: LAWRENCE D.
J. Boylan, Chief Deputy Sarpy County Public Defender, and
Hannah McFall, Senior Certified Law Student, for appellant.
A. Rothery, Deputy Sarpy County Attorney, and Andrew T.
Erickson, Senior Certified Law Student, for appellee.
PIRTLE, and RIEDMANN, Judges.
Neb.App. 806] Pirtle, Judge.
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
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.
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.
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
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