State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-2_106_01

43-2,106.01. Judgmentsor final orders; appeal; parties; cost.(1) Anyfinal order or judgment entered by a juvenile court may be appealed to theCourt of Appeals in the same manner as an appeal from district court to theCourt of Appeals. The appellate court shall conduct its review inan expedited manner and shall render the judgment and write itsopinion, 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 purposesof this subdivision, custodian or guardian shall include, but not be limitedto, the Department of Health and Human Services, an association, or an individualto whose care the juvenile has been awarded pursuant to the Nebraska JuvenileCode; or(d) The county attorney or petitioner, except that in anycase determining delinquency issues in which the juvenile has been placedlegally in jeopardy, an appeal of such issues may only be taken by exceptionproceedings pursuant to sections 29-2317 to 29-2319.(3) In all appeals from the county court sitting as a juvenilecourt, the judgment of the appellate court shall be certified without costto the juvenile court for further proceedings consistent with the determinationof the appellate court. SourceLaws 1959, c. 189, § 11, p. 686; Laws 1972, LB 1305, § 1; R.S.1943, (1978), § 43-238; Laws 1981, LB 346, § 83; Laws 1989, LB 182, § 18; Laws 1991, LB 732, § 104; Laws 1992, LB 360, § 11; R.S.Supp.,1992, § 43-2,126; Laws 1994, LB 1106, § 6; Laws 1996, LB 1044, § 149; Laws 2010, LB800, § 25.Effective Date: July 15, 2010AnnotationsSeparate 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).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).

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-2_106_01

43-2,106.01. Judgmentsor final orders; appeal; parties; cost.(1) Anyfinal order or judgment entered by a juvenile court may be appealed to theCourt of Appeals in the same manner as an appeal from district court to theCourt of Appeals. The appellate court shall conduct its review inan expedited manner and shall render the judgment and write itsopinion, 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 purposesof this subdivision, custodian or guardian shall include, but not be limitedto, the Department of Health and Human Services, an association, or an individualto whose care the juvenile has been awarded pursuant to the Nebraska JuvenileCode; or(d) The county attorney or petitioner, except that in anycase determining delinquency issues in which the juvenile has been placedlegally in jeopardy, an appeal of such issues may only be taken by exceptionproceedings pursuant to sections 29-2317 to 29-2319.(3) In all appeals from the county court sitting as a juvenilecourt, the judgment of the appellate court shall be certified without costto the juvenile court for further proceedings consistent with the determinationof the appellate court. SourceLaws 1959, c. 189, § 11, p. 686; Laws 1972, LB 1305, § 1; R.S.1943, (1978), § 43-238; Laws 1981, LB 346, § 83; Laws 1989, LB 182, § 18; Laws 1991, LB 732, § 104; Laws 1992, LB 360, § 11; R.S.Supp.,1992, § 43-2,126; Laws 1994, LB 1106, § 6; Laws 1996, LB 1044, § 149; Laws 2010, LB800, § 25.Effective Date: July 15, 2010AnnotationsSeparate 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).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).

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-2_106_01

43-2,106.01. Judgmentsor final orders; appeal; parties; cost.(1) Anyfinal order or judgment entered by a juvenile court may be appealed to theCourt of Appeals in the same manner as an appeal from district court to theCourt of Appeals. The appellate court shall conduct its review inan expedited manner and shall render the judgment and write itsopinion, 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 purposesof this subdivision, custodian or guardian shall include, but not be limitedto, the Department of Health and Human Services, an association, or an individualto whose care the juvenile has been awarded pursuant to the Nebraska JuvenileCode; or(d) The county attorney or petitioner, except that in anycase determining delinquency issues in which the juvenile has been placedlegally in jeopardy, an appeal of such issues may only be taken by exceptionproceedings pursuant to sections 29-2317 to 29-2319.(3) In all appeals from the county court sitting as a juvenilecourt, the judgment of the appellate court shall be certified without costto the juvenile court for further proceedings consistent with the determinationof the appellate court. SourceLaws 1959, c. 189, § 11, p. 686; Laws 1972, LB 1305, § 1; R.S.1943, (1978), § 43-238; Laws 1981, LB 346, § 83; Laws 1989, LB 182, § 18; Laws 1991, LB 732, § 104; Laws 1992, LB 360, § 11; R.S.Supp.,1992, § 43-2,126; Laws 1994, LB 1106, § 6; Laws 1996, LB 1044, § 149; Laws 2010, LB800, § 25.Effective Date: July 15, 2010AnnotationsSeparate 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).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).

Categories