In re Interest of Zachary B.

Summary

The Nebraska Supreme Court dismissed Zachary B.'s appeal for lack of jurisdiction. It held that a juvenile's statutory right to remain in the home is a substantial right, but a temporary placement order that suspends that right briefly and does not finally determine placement is not an appealable final order. The court concluded that the juvenile court's order placing Zachary at Boys Town pending a later disposition hearing was temporary and therefore not final.

Holdings

1. An order that temporarily suspends a juvenile's right to remain in the home for a brief period and does not determine placement with finality does not affect a substantial right for purposes of Neb. Rev. Stat. § 25-1902(2) and is not appealable.
2. Because the challenged placement order was not final and appealable, the Nebraska Supreme Court lacked jurisdiction to review the merits of Zachary's claims concerning the exhaustion of community-based resources and risk of harm.

Questions Presented

1. Whether the April 12, 2017, juvenile court order temporarily placing Zachary at Boys Town was a final, appealable order under Neb. Rev. Stat. §§ 43-2,106.01(1) and 25-1902.
2. Whether the temporary placement order substantially affected Zachary's essential legal right to remain in his home.

Disposition

dismissed