In re Interest of Keyanna R., a child under 18 years of age.
Keyanna R., 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 Lancaster County: Toni G.
Thorson, Judge. Affirmed.
Nigro, Lancaster County Public Defender, and James G. Sieben
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.
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
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.
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, ...