In re Interest of Iyana P., a child under 18 years of age.
Iyana P., appellant. State of Nebraska, appellee.
Juvenile Courts: Appeal and Error. An
appellate court reviews juvenile cases de novo on the record
and reaches its conclusions independently of the juvenile
__ . In reviewing questions of law arising under the Nebraska
Juvenile Code, an appellate court reaches conclusions
independent of the lower court's rulings.
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.
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.
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).
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.
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.
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.
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
from the Separate Juvenile Court of Douglas County: Elizabeth
Crnkovich, Judge. Reversed and remanded with directions.
C. Riley, Douglas County Public Defender, and Ryan T. Locke
appearance for appellee.
PIRTLE, RIEDMANN, AND ARTERBURN, JUDGES.
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