In re Interest of Ezra C, a child UNDER 18 YEARS OF AGE.
Stephanie K. and Kenneth K., appellees, State of Nebraska, appellee, and Nebraska Department of Health and Human Services, appellant.
Judgments: Jurisdiction. A jurisdictional
issue that does not involve a factual dispute presents a
question of law.
Juvenile Courts: Appeal and Error. An
appellate court reviews juvenile cases de novo on the record
and reaches its conclusions independently of the juvenile
Final Orders: Appeal and Error. Under Neb.
Rev. Stat. § 25-1902 (Reissue 2016), there are three
types of final orders which may be reviewed on appeal: (1) an
order which affects a substantial right and which determines
the action and prevents a judgment, (2) an order affecting a
substantial right made during a special proceeding, and (3)
an order affecting a substantial right made on summary
application in an action after judgment is rendered.
Juvenile Courts: Appeal and Error. A
proceeding before a juvenile court is a special proceeding
for appellate purposes.
Final Orders: Appeal and Error. Numerous
factors determine when an order affects a substantial right
for purposes of appeal. Broadly, these factors relate to the
importance of the right and the importance of the effect on
the right by the order at issue.
Final Orders. Whether the effect of an order
is substantial depends on whether it affects with finality
the rights of the parties in the subject matter.
Juvenile Courts: Minors. The State's
right in juvenile proceedings is derived from its parens
patriae interest, and it is pursuant to that interest that
the State has enacted the Nebraska Juvenile Code.
___:___. [25 Neb.App. 589] The State's right is
especially prominent in juvenile adjudications, because the
purpose of the adjudication phase of a juvenile proceeding is
to protect the interests of the child.
____:___. Once a child is adjudicated, the State's
interest in protecting the child becomes greater and more
necessary. 10. Juvenile Courts: Jurisdiction: Appeal
and Error. An appellate court is without
jurisdiction on appeal when a juvenile court's order does
not constitute an adjudicative or dispositive action in the
proceedings as no substantial right has been affected.
Juvenile Courts: Judgments: Appeal and
Error. An order in juvenile proceedings denying a
motion for a psychosexual evaluation is not a final,
appealable order, because it does not involve a substantial
right of the State.
Juvenile Courts: Child Custody: Appeal and
Error. Allowing an interlocutory appeal promotes
significant delay in the juvenile proceedings and the
ultimate resolution of custody.
Juvenile Courts: Appeal and Error.
Generally, delaying juvenile proceedings to grant
interlocutory appeals is antagonistic to the child's best
from the County Court for Cheyenne County: Paul G. Wess,
Judge. Appeal dismissed.
Neleigh N. Boyer, Special Assistant Attorney General, of
Nebraska Department of Health and ...