43-2,106.01. Judgments or final orders; appeal; parties; cost.

(1) Any final order or judgment entered by a juvenile court may be appealed to the Court of Appeals in the same manner as an appeal from district court to the Court of Appeals. The appellate court shall conduct its review in an expedited manner and shall render the judgment and write its opinion, if any, as speedily as possible.

(2) An appeal may be taken by:

(a) The juvenile;

(b) The guardian ad litem;

(c) The juvenile's parent, custodian, or guardian. For purposes of this subdivision, custodian or guardian shall include, but not be limited to, the Department of Health and Human Services, an association, or an individual to whose care the juvenile has been awarded pursuant to the Nebraska Juvenile Code; or

(d) The county attorney or petitioner, except that in any case determining delinquency issues in which the juvenile has been placed legally in jeopardy, an appeal of such issues may only be taken by exception proceedings pursuant to sections 29-2317 to 29-2319.

(3) In all appeals from the county court sitting as a juvenile court, the judgment of the appellate court shall be certified without cost to the juvenile court for further proceedings consistent with the determination of the appellate court.

Source

Annotations

1. Jeopardy

2. Standing to appeal

3. Miscellaneous

1. Jeopardy

Application of subsection (2)(d) of this section turns on whether the juvenile has been placed in jeopardy by the juvenile court, not by whether the Double Jeopardy Clause bars further action. In re Interest of Rebecca B., 280 Neb. 137, 783 N.W.2d 783 (2010).

The plain language of subsection (2)(d) of this section carves out an exception for delinquency cases in which jeopardy has attached. In such cases, the county attorney is limited to taking exception pursuant to the procedures of sections 29-2317 to 29-2319. In re Interest of Rebecca B., 280 Neb. 137, 783 N.W.2d 783 (2010).

Under subsection (2)(d) of this section, when a county attorney files an appeal "in any case determining delinquency issues in which the juvenile has been placed legally in jeopardy," the appeal must be taken by exception proceedings to the district court pursuant to sections 29-2317 to 29-2319. In re Interest of Rebecca B., 280 Neb. 137, 783 N.W.2d 783 (2010).

Had the Legislature intended that appeals under subsection (2)(d) of this section be made to the Court of Appeals, that subsection would have referred to sections 29-2315.01 to 29-2316, instead of to sections 29-2317 to 29-2319. In re Interest of Lori S., 20 Neb. App. 152, 819 N.W.2d 736 (2012).

Once jeopardy has attached in a delinquency case, an appeal may only be taken under the procedures of sections 29-2317 to 29-2319. In re Interest of Lori S., 20 Neb. App. 152, 819 N.W.2d 736 (2012).

The plain language of subsection (2)(d) of this section carves out an exception for delinquency cases in which jeopardy has attached. In re Interest of Lori S., 20 Neb. App. 152, 819 N.W.2d 736 (2012).

2. Standing to appeal

Under this section, the adjudicated child's aunt lacked standing to appeal the juvenile court's order changing the child's placement and permanency plan. In re Interest of Joseph C., 299 Neb. 848, 910 N.W.2d 773 (2018).

This section controls who has the right to appeal from a juvenile court's placement order. It does not authorize an adjudicated child's sibling to appeal from an adverse placement order. In re Interest of Nettie F., 295 Neb. 117, 887 N.W.2d 45 (2016).

Neither foster parents nor grandparents, as such, have a statutory right to appeal from a juvenile court order. In re Interest of Jackson E., 293 Neb. 84, 875 N.W.2d 863 (2016).

Unadjudicated siblings have no cognizable interest in the sibling relationship separate and distinct from a child adjudicated under section 43-247(3)(a). Thus, unadjudicated siblings lack standing to appeal from a final order or judgment of a juvenile court. In re Interest of Meridian H., 281 Neb. 465, 798 N.W.2d 96 (2011).

A public defender appointed to represent a juvenile is not a party to the juvenile proceeding and may not bring an appeal based on error regarding an order unrelated to the disposition of the juvenile's case. In re Interest of William G., 256 Neb. 788, 592 N.W.2d 499 (1999).

Under subsection (2)(c) of this section, the term "custodian" extends beyond those having the care of a juvenile by means of an award under the Nebraska Juvenile Code. One empowered by parental authority to care for a child is a "custodian" and has standing to appeal a juvenile court's order. In re Interest of Artharena D., 253 Neb. 613, 571 N.W.2d 608 (1997).

3. Miscellaneous

Appellate courts in Nebraska have jurisdiction to hear appeals from final orders issued by juvenile courts in the same manner as appeals from the district courts. In re Interest of LeVanta S., 295 Neb. 151, 887 N.W.2d 502 (2016).

A party appealing from a juvenile court's final order must (1) file a notice of appeal with the juvenile court, (2) deposit the docket fee for an appeal with the clerk of the juvenile court, and (3) fulfill both requirements within 30 days of the court's order. These requirements are mandatory, and a party must satisfy them for an appellate court to acquire jurisdiction over an appeal. But under section 25-2301.01, a juvenile court can authorize a party to prosecute an appeal without paying fees and costs. The filing of a poverty affidavit, properly confirmed by oath or affirmation, serves as a substitute for the docket fee for an appeal. An in forma pauperis appeal is perfected when the appellant timely files a notice of appeal and an affidavit of poverty. In re Interest of Edward B., 285 Neb. 556, 827 N.W.2d 805 (2013).

In a juvenile's appeal from a delinquency proceeding, the poverty affidavit of the juvenile's parent may be filed in support of the juvenile's request to proceed in forma pauperis, and a parent is a party who may state a belief that the juvenile is entitled to relief. In re Interest of Edward B., 285 Neb. 556, 827 N.W.2d 805 (2013).

Separate juvenile courts are treated as county courts under sections 29-2317 to 29-2319 for the purpose of exception proceedings under subsection (2)(d) of this section. In re Interest of Sean H., 271 Neb. 395, 711 N.W.2d 879 (2006).

Most cases arising under subsection (1) of this section are governed by section 25-1912, which sets forth the requirements for appealing district court decisions. In re Interest of Lori S., 20 Neb. App. 152, 819 N.W.2d 736 (2012).

Under this section, an appeal taken in the same manner as an appeal from the district court includes the appeal bond requirement set forth in section 25-1914. In re Interest of Kayla F. et al., 13 Neb. App. 679, 698 N.W.2d 468 (2005).