In re Interest of Paxton H., a child under 18 years of age.
Patrick H. and Penny H, appellees. Nebraska Department of Health and Human Services, appellant,
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: 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.
Juvenile Courts: Costs: Final Orders. An
order in a juvenile case which directs the Department of
Health and Human Services to pay for the costs of treatment
is a final order for purposes of Neb. Rev. Stat.
§25-1902 (Reissue 2016).
Juvenile Courts. Juvenile courts have the
authority to assent to and dissent from decisions of the
Department of Health and Human Services with respect to what
care, placement, services, and expenditures are in the best
interests of juveniles under its care and custody.
Appeal and Error. Appellate courts will not
consider issues on appeal that were not presented to or
passed upon by the trial court.
from the Separate Juvenile Court of Lancaster County: Toni G.
Thorson, Judge. Affirmed.
Douglas J. Peterson, Attorney General, and C.J. Roberts,
Special Assistant Attorney General, for appellant.
Gonzalez, of Johnson & Pekny, L.L.C., for appellees.
Neb. 447] Heavican, C.J., Miller-Lerman, Cassel, Stacy,
Funke, and Papik, JJ., and Johnson, District Judge.
separate juvenile court of Lancaster County ordered the
Nebraska Department of Health and Human Services (DHHS) to
arrange and pay for Paxton H, a juvenile in its care and
custody, to receive mental health services at a facility in
Kansas. DHHS challenges that order. While DHHS acknowledges
that Paxton requires certain services, it contends that
Paxton can receive those services in Nebraska and that local
services would better serve his needs. Following our de novo
review of the record, we determine that the juvenile
court's order was in Paxton's best interests, and we
sections below, we set forth how Paxton came into the custody
of DHHS and the circumstances that led to the order at issue
in this appeal.