Friday, December 02, 2005

Nebraska Supreme Court (J. Lerman) holds Lancaster County Separate Juvenile Court acquired jurisdiction over parent for disposition upon adjudicating the child as under the Court's jurisdiction § 43-247(5) In re Interest of Devin W. et al., 270 Neb. 640 December 2, 2005. No. S-04-250. Lancaster County Juvenile Court adjudicated child to be under the court's jurisdiction because of mother's neglect. ON disposition the court ordered child into foster care, but the child was then residing with his father. The father appealed challenging the right of the court to take child away from him when the allegations of neglect were against the mother. The court of appeals reversed, finding the Juvenile Court lacked jurisdiction over the father. In re Interest of Devin W. et al., 13 Neb. App. 392, 693 N.W.2d 901 (2005) The Supreme Court reverses on petition for further review "We conclude that the juvenile court acquired subject matter jurisdiction over Jesse upon his adjudication as a child described in § 43-247(3)(a); that such jurisdiction extended to Jesse's custodial parent, Lerry, pursuant to § 43-247(5); and that, therefore, the Court of Appeals erred as a matter of law when it concluded that the juvenile court lacked jurisdiction." "§ 43-247(3)(a) "gives a juvenile court exclusive, original jurisdiction over '[a]ny juvenile . . . who lacks proper parental care by reason of the fault or habits of his or her parent.'" In re Interest of Sabrina K., 262 Neb. 871, 875, 635 N.W.2d 727, 731 (2001)" subject matter jurisdiction is vested in the juvenile court by an adjudication that a child is a juvenile described in § 43-247. In re Interest of J.T.B. and H.J.T., 245 Neb. 624, 514 N.W.2d 635 (1994). the juvenile court's jurisdiction is extended to parents who have custody of any juvenile who has been found to be a child described in § 43-247. Thus, in the instant case, the juvenile court acquired jurisdiction over Jesse and his custodial father, Lerry, when it found conditions that fit § 43-247(3)(a) and adjudicated Jesse as a juvenile within the meaning of § 43-247(3)(a). See In re Interest of Sabrina K.,supra. Supreme Court remands case to Court of Appeals to resolve parent's other objections to disposition of the child.

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