Justia Nebraska Supreme Court Opinion Summaries

After it was discovered that Katrina R., who was fifteen years old at the time, sent nude photographs of herself to her boyfriend's cellular phone, Katrina was adjudicated under Neb. Rev. Stat. 43-247(3)(b) as a child who deports herself so as to injure or endanger seriously the morals or health or herself or others. At the dispositional hearing, the juvenile court ordered that Katrina serve six months' probation, that she be placed in the legal custody of The Department of Health and Human Services (DHHS), and that she participate in counseling and community service. DHHS appealed the order, contending that the juvenile court erred in simultaneously committing Katrina to DHHS and placing her on probation in the same juvenile court case. The Supreme Court affirmed, holding that is within the juvenile court's statutory power to issue a dispositional order for juveniles adjudicated under section 43-247(3)(b) that includes both legal custody with DHHS and supervision by a probation officer. View "In re Interest of Katrina R." on Justia Law

Wilberth Martinez-Ibarra was found to be the biological father of a minor child born to Patricia Mayorga in 2007. Mr. Martinez-Ibarra and Ms. Mayorga entered into a parenting plan, and Martinez-Ibarra was ordered to pay child support and cash medical support. At that time, neither parent was employed full time, so no health insurance was available for their child. Mr. Martinez-Ibarraâs support obligation totaled $472, with an additional $77 per month as a cash medical support payment. The trial court noted that the parenting plan provided that Ms. Mayorga was responsible for the first $480 of non-reimbursed medical expenses for the child. The court credited this $480 to Mr. Martinez-Ibarra. In the end, the court adjusted Mr. Martinez-Ibarraâs total support and cash medical payments to $37 per month. The State, on behalf of Ms. Mayorga, challenged the courtâs math. The Supreme Court concluded that the district court erred when it gave Mr. Martinez-Ibarra a credit when calculating the amount of cash medical support owed. The Court reversed the decision, and remanded the case with instructions on how to recalculate Mr. Martinez-Ibarraâs support obligations.

Meridian H. is a 3-year-old girl who had been in foster care for all but a few weeks of her life. Her presumed biological father had died before she was born, and her biological motherâs parental rights were terminated. She had two minor siblings who were adopted before she was born. Meridianâs adoptive parents, on behalf of the siblings, intervened in the juvenile courtâs proceedings to request that Meridian be placed in their home in Minnesota to keep the siblings together. Meridianâs maternal grandparents also intervened and filed a cross appeal seeking custody. The juvenile court denied the requests, and the adoptive parents and maternal grandparents appealed. The Supreme Court was ânot persuaded that it would be logical or prudent to conclude that a constitutionally protected sibling relationship somehow [rose] from the ashes of a lawfully terminated or relinquished parent-child relationship.â The Court concluded that neither the adoptive parents, the siblings nor the maternal grandparents had standing to challenge the juvenile courtâs ruling. The Court dismissed the appeals.