S-17-0720 In re Interest of Kane L.
Buffalo County Court Sitting as a Juvenile Court, Judge John P. Rademacher
Attorneys: Mandi J. Amy (County Attorney’s Office) --- Elizabeth J. Crisp (Jacobsen, Orr, Lindstrom & Holbrook, P.C., L.L.O.) (Appellant - mother) --- Vikki S. Stamm (Stamm Romero & Associates, PC, LLO) (GAL)
Civil: Adjudication; jurisdiction
Proceedings below: Following a hearing, the trial court adjudicated Appellant’s child and ordered Appellant to undergo drug testing and obtain a substance abuse evaluation. Appellant filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: 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) the juvenile court erred in finding sufficient evidence to adjudicate the child.