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In re Nicholas K.

Supreme Court of Nebraska

March 16, 2018

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

         1. Juvenile Courts:

         Appeal and Error.

         An appellate court reviews juvenile cases de novo on the record and reaches a conclusion independently of the juvenile court's findings.

         2. Minors: Proof.

         The 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.

         Appeal from the Separate Juvenile Court of Douglas County: Elizabeth Crnkovich, Judge. Affirmed.

          Thomas C. Riley, Douglas County Public Defender, and Lauren J. Micek for appellant.

          No appearance for appellee.

          Heavican, C.J., Miller-Lerman, Cassel, Stacy, and Funke, JJ.

          Miller-Lerman, J.

         NATURE OF CASE

         Nicholas 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 affirm.

         STATEMENT OF FACTS

         Nicholas 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 ...


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