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In re Iyana P.

Court of Appeals of Nebraska

January 9, 2018

In re Interest of Iyana P., a child under 18 years of age.
v.
Iyana P., appellant. State of Nebraska, appellee.

          1. Juvenile Courts: Appeal and Error. An appellate court reviews juvenile cases de novo on the record and reaches its conclusions independently of the juvenile court's findings.

         2. __: __ . In reviewing questions of law arising under the Nebraska Juvenile Code, an appellate court reaches conclusions independent of the lower court's rulings.

         3. Juvenile Courts: Due Process. Complying with the procedures under Neb. Rev. Stat. § 43-286(5) (Reissue 2016) is important because in a revocation proceeding, the juvenile is entitled to procedural protections, including the right to confront and cross-examine adverse witnesses.

         4. Juvenile Courts: Probation and Parole. Under Neb. Rev. Stat. § 43-286 (Reissue 2016), a juvenile court may not change a disposition unless the juvenile has violated a term of probation or supervision or the juvenile has violated an order of the court and the procedures established in subsection (5)(b) have been satisfied.

         5. Juvenile Courts. An original dispositional order cannot be changed at the whim of the juvenile court judge, but only as provided in Neb. Rev. Stat. § 43-286(5)(b) (Reissue 2016).

         6. Juvenile Courts: Appeal and Error. Once a court has entered a disposition, it is plain error to change that disposition when the State has not complied with the applicable statutory procedures.

         7. Juvenile Courts: Probation and Parole. Neb. Rev. Stat. § 43-286 (Reissue 2016) does not allow the juvenile court to place a juvenile on probation or exercise any of its other options for disposition and at the same time continue the dispositional hearing.

          [25 Neb.App. 440] 8. __:__. When the State contends that a juvenile placed on probation has violated a term of probation or an order of the court, it is required to file a motion to revoke or change the disposition.

         9. Juvenile Courts. A motion to revoke or change a disposition shall set forth specific factual allegations of the alleged violations, a copy must be served on all persons entitled to service, and the juvenile is entitled to a hearing to determine the validity of the allegations.

         Appeal from the Separate Juvenile Court of Douglas County: Elizabeth Crnkovich, Judge. Reversed and remanded with directions.

          Thomas C. Riley, Douglas County Public Defender, and Ryan T. Locke for appellant.

          No appearance for appellee.

          PIRTLE, RIEDMANN, AND ARTERBURN, JUDGES.

          PIRTLE, Judge.

         INTRODUCTION

         Iyana P. appeals from an order of the separate juvenile court of Douglas County which changed the terms of her probation and a subsequent order which denied her motion to vacate the order that changed her probation. Because we determine that the juvenile court did not follow applicable statutory procedures in changing the terms of her probation and that it denied her due process, we reverse the juvenile court's order denying Iyana's motion to vacate and remand the matter to the ...


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