In re Interest of Reality W.

Summary

The Nebraska Supreme Court affirmed the adjudication of Reality W. as habitually truant under the Nebraska Juvenile Code. The court held that the school’s documented efforts to address attendance barriers and the county attorney’s referral to community-based resources foreclosed statutory defenses under Nebraska Revised Statutes §§ 79-209 and 43-276(2).

Holdings

1. A parent or guardian's absence or refusal to participate in the collaborative plan meeting is not itself a defense to habitual-truancy adjudication. Under § 79-209(3), the defense applies when the school fails to document the efforts required by § 79-209(2), including efforts to address attendance barriers, the lack of success of those efforts, and the child's absence for more than 20 days per year.
2. The county attorney satisfied § 43-276(2) by making reasonable efforts to refer Reality and her family to community-based resources before filing the habitual-truancy petition; therefore, Reality had no defense under that statute.
3. The alleged error concerning admission of the community-resource letter was not reviewable because Reality did not specifically assign the alleged error and specifically argue it in her appellate brief.

Questions Presented

1. Whether the school failed to satisfy Neb. Rev. Stat. § 79-209(2) and (3) so that Reality had a defense to adjudication for habitual truancy.
2. Whether the county attorney failed to make reasonable efforts to refer Reality and her family to community-based resources under Neb. Rev. Stat. § 43-276(2), creating a defense to adjudication.
3. Whether an alleged evidentiary error concerning admission of the community-resource letter was preserved for appellate review.

Disposition

affirmed