In re Interest of Joseph C, a child under 18 years of age.State of Nebraska, appellee.
Tina E., appellant.
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.
Jurisdiction: Appeal and Error. A
jurisdictional question which does not involve a factual
dispute is determined by an appellate court as a matter of
Juvenile Courts: Jurisdiction: Appeal and
Error. In a juvenile case, as in any other appeal,
before reaching the legal issues presented for review, it is
the duty of an appellate court to determine whether it has
jurisdiction over the matter before it.
Standing: Words and Phrases. Standing
involves a real interest in the cause of action, meaning some
legal or equitable right, title, or interest in the subject
matter of the controversy.
Standing. Under the doctrine of standing, a
court may decline to determine merits of a legal claim
because the party advancing it is not properly situated to be
entitled to its judicial determination.
Standing: Jurisdiction: Parties. Standing is
a jurisdictional component of a party's case, because
only a party who has standing may invoke the jurisdiction of
Juvenile Courts: Standing: Appeal and Error.
In assessing standing, the right of appeal in a juvenile case
in Nebraska is purely statutory.
Statutes: Legislature: Intent. A court gives
statutory language its plain and ordinary meaning and will
not look beyond the statute to determine the legislative
intent when the words are plain, direct, and unambiguous.
Neb. 849] Appeal from the County Court for Lincoln County:
Kent D. Turnbull, Judge. Appeal dismissed.
R. Korth and Brock J. Pohlmeier, of Reynolds, Korth &
Samuelson, P.C., L.L.O., for appellant.
Rebecca Harling, Lincoln County Attorney, for appellee.
Michael L. Nozicka, of Nozicka Law Office, guardian ad litem.
Heavican, C.J., Miller-Lerman, Cassel, Stacy, and Funke, JJ.,
and Urbom, District Judges.
appeal arises from termination proceedings for Joseph C. in
the county court for Lincoln County, sitting as a juvenile
court. Tina E., the biological aunt and adoptive sister of
Joseph's father, appeals the juvenile court's order
which held that Joseph's placement with his nonrelative
foster parents and permanency through adoption by them was in
his best interests. Because Tina lacks standing pursuant to
Neb. Rev. Stat. § 43-2, 106.01(2) (Reissue 2016), her
appeal is dismissed.
born in May 2009, is the biological child of Dana C. and
Michael E. On June 10, 2015, the State, represented by the
county attorney, filed a petition alleging that Joseph, then
age 6, was a child within the meaning of Neb. Rev. Stat.
§ 43-247(3)(a) (Cum. Supp. 2014). Following an
adjudication hearing on September 1, the juvenile court
determined Joseph to be a child as defined by §
43-247(3)(a) (Supp. 2015). The State later initiated
proceedings to terminate Dana's and Michael's
being removed from the care and custody of his parents,
Joseph had two different family placements. Joseph [299 Neb.
850] was initially placed with his maternal grandparents, but
that placement was disrupted when the grandparents' home
study was denied. Subsequently, Joseph was placed in Colorado
with his maternal aunt and uncle. He remained there from
August 28, 2015, to June 18, 2016. However, Joseph exhibited
behavioral issues at home and at school, and he was removed
at the request of the maternal aunt and uncle, who could not
handle Joseph's needs.
18, 2016, Joseph was placed in the agency-based foster home
of Heather F. and Kevin F. in Nebraska. Ten days later, on
June 28, the juvenile court filed its order terminating the
parental rights of Joseph's biological parents pursuant
to Neb. Rev. Stat. § ...