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In re Keyanna R.

Supreme Court of Nebraska

March 16, 2018

In re Interest of Keyanna R., a child under 18 years of age.
v.
Keyanna R., 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 Lancaster County: Toni G. Thorson, Judge. Affirmed.

          Joe Nigro, Lancaster County Public Defender, and James G. Sieben for appellant.

          Joe Kelly, Lancaster County Attorney, Tara Parpart, and Margaret R. Jackson, Senior Certified Law Student, for appellee.

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

         NATURE OF CASE

         Keyanna R. appeals from a disposition by the separate juvenile court of Lancaster County which ordered her placed [299 Neb. 357] in a residential group home. The appeal presents the question 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 dis-positional 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

         Keyanna was adjudicated pursuant to Neb. Rev. Stat. § 43-247(1) (Reissue 2016) based on a plea of no contest to unauthorized use of a propelled vehicle, a Class III misdemeanor. Neb. Rev. Stat. § 28-516 (Reissue 2016). The charges stemmed from an incident in which Keyanna, with a group of friends, took the vehicle of another juvenile's parent without permission and drove it to Texas. The vehicle was recovered in Ellsworth, Kansas.

         After Keyanna entered her no contest plea, the court placed her on a conditional release to Boys Town Psychiatric Residential Treatment Facility (PRTF) in Omaha, Nebraska, where she began treatment in February 2017. Keyanna did not object to this order. The court stated that its conditional release was based on an evaluation which identified troubling behavior at home and at school. These behaviors had included threatening to commit suicide or to run away, ...


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