In re Interest of Josue G., a child under 18 years of age.
Josue G., appellant. State of Nebraska, appellee,
Juvenile Courts: Appeal and Error. An
appellate court reviews juvenile cases de novo on the record
and reaches a conclusion independently of the juvenile
Juvenile Courts: Statutes: Jurisdiction. A
juvenile court is a statutorily created court of limited and
special jurisdiction, and it has only the authority which the
statutes confer on it.
Juvenile Courts: Probation and Parole:
Pleadings. Neb. Rev. Stat. § 43-286(5) (Reissue
2016) authorizes a juvenile court to change an existing
disposition of probation, but its power to do so is premised
upon the existence of an appropriate motion and upon its
compliance with the specified procedures.
Appeal and Error. An appellate court is not
obligated to engage in an analysis that is not necessary to
adjudicate the case and controversy before it.
from the Separate Juvenile Court of Douglas County: Elizabeth
G. Crnkovich, Judge. Vacated and remanded.
C. Riley, Douglas County Public Defender, Ryan T. Locke, and
Katie L. Jadlowski for appellant.
appearance for appellee.
Heavican, C.J., Miller-Lerman, Cassel, Stacy, and Funke, JJ.,
and Derr and Urbom, District Judges.
Neb. 785] Cassel, J.
juvenile on probation pursuant to a previous adjudication
allegedly committed a new offense, the State moved to revoke
probation. But when the juvenile entered a denial to the new
charge, the State withdrew its motion. Nonetheless, the
separate juvenile court of Douglas County extended the term
of probation and imposed additional community service.
Because the court did not follow applicable statutory
procedures and thereby exceeded its statutory authority, we
vacate the order, and remand the cause to the juvenile court
for further proceedings consistent with this opinion.
juvenile court adjudicated Josue G. under Neb. Rev. Stat.
§ 43-247(1) (Reissue 2016). On September 27, 2016, the
court entered a dispositional order, placing Josue on
probation for 4 months. Among other things, it ordered Josue
to complete 20 hours of community service.
January 24, 2017, the State moved to revoke Josue's
probation based on alleged violations of probationary terms.
The juvenile court found that the terms of Josue's
probation should not automatically terminate. A February 28
order stated that the State withdrew its motion to revoke
probation and that the parties agreed Josue would abide by
the court's previous orders, except as therein modified.
The court extended Josue's probation for 6 months.
11, 2017, the State again moved to revoke Josue's
probation. The motion alleged that Josue had incurred a new
law violation, used marijuana, and failed to attend
5, 2017, the juvenile court held a hearing on the motion to
revoke probation and an arraignment on a new charge. After
Josue entered a denial to the new charge, the court asked how
the State wished to proceed on its motion to revoke. The
following colloquy occurred:
[299 Neb. 786] [The State]: Your Honor, the State is going to
withdraw its motion.
THE COURT: You are. Even though we have a new charge? You are
not going to talk to [counsel for ...