In re Interest of Mekhi S.

S-20-0832 In re Interest of Mekhi S.

Douglas County Juvenile Court, Hon. Vernon C.R. Daniels

Attorneys: Rachael Henderson and Mark Shimizu, Senior Certified Law Clerk (Douglas County Attorney’s Office, for Appellant) --- Christine P. Costantakos (Guardian Ad Litem)

Civil: Adjudication; Res judicata; Jurisdiction

Proceedings below: Following adjudication of the children, the State filed a second supplemental petition pursuant to Neb. Rev. Stat. §43-247(8).  The trial court sustained the guardian ad litem’s motion to dismiss the State’s second supplemental petition for lack of subject matter jurisdiction pursuant to the doctrine of res judicata.  The State appeals.

Issues on Appeal: Whether the trial court erred in 1) dismissing the second supplemental petition because the State seeks to adjudicate the minor children for new and additional reasons and, therefore, claim preclusion does not apply; and 2) dismissing the second supplemental petition, because the court should hear evidence on the adjudication.