In re Interest of Nicholas K., a child under 18 years of age.
Nicholas K., appellant. State of Nebraska, appellee.
appellate court reviews juvenile cases de novo on the record
and reaches a conclusion independently of the juvenile
exhaustion requirement of Neb. Rev. Stat. §
43-251.01(7)(a) (Reissue 2016) demands evidence establishing
that no other community-based resources have a reasonable
possibility for success or that all options for
community-based services have been thoroughly considered and
none are feasible.
from the Separate Juvenile Court of Douglas County: Elizabeth
Crnkovich, Judge. Affirmed.
C. Riley, Douglas County Public Defender, and Lauren J. Micek
appearance for appellee.
Heavican, C.J., Miller-Lerman, Cassel, Stacy, and Funke, JJ.
K. appeals from a disposition by the separate juvenile court
of Douglas County which ordered him placed in a residential
group home. The appeal presents the question [299 Neb. 351]
of whether the out-of-home placement order complied with Neb.
Rev. Stat. § 43-251.01(7) (Reissue 2016), which requires
that a juvenile not be placed out of his or her home as a
dispositional order unless "(a) [a]ll available
community-based resources" have been exhausted and
"(b) [there is] a significant risk of harm to the
juvenile or community" by "[m]aintaining the
juvenile in the home." We conclude the out-of-home
placement complied with both requirements. Therefore, we
was adjudicated pursuant to Neb. Rev. Stat. §
43-247(3)(B)(ii) (Reissue 2016) based on his admission to
deportment, a status offense. The petition had alleged that
(1) Nicholas was observed abusing alcohol or a controlled
substance and (2) Nicholas had admitted to abusing alcohol ...