S-17-0775 In re Interest of Carter L.
Buffalo County Court Sitting as a Juvenile Court, Judge John P. Rademacher
Attorneys: Mandi J. Amy (County Attorney’s Office) (Appellant) --- Elizabeth J. Crisp (Jacobsen, Orr, Lindstrom & Holbrook, P.C., L.L.O.) (Appellee/Cross-Appellant - mother)
Civil: Adjudication
Proceedings below: Following a hearing, the trial court failed to adjudicated Appellant’s child. Appellee filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: The trial court erred in failing to adjudicate the child after sufficient evidence was adduced to find the child was a child as described in §43-247(3)(a).
Issues on Cross-Appeal: 1) The juvenile court committed plain error and Appellant was denied due process of law because she was never afforded a detention/protective custody hearing, 2) the juvenile court erred in admitting evidence regarding the toenail and cord blood tests because the State failed to establish necessary foundation for both tests, and 3) pursuant to Neb. Ct. R. App. P. §2-104, this Court should not consider juvenile pleading and filings outside of the underlying case on appeal.