Summary: In determining a dispositional order it constitutes plain error for the court to consider juvenile court proceedings from another county over which is has no jurisdiction. Further, Neb. Ct. R. App. P. § 2-109(D)(1) requires that the appellant include a separate section for assignments of error, designated by such a heading, located after a statement of the case and before a list of controlling propositions of law. If the appellant fails to include the assignments of error as required, the court may consider the case as one in which no brief was filed or may examine the proceedings for plain error.
Brayan G., was adjudicated as a child within the meaning of Neb. Rev. Stat. § 43-247(3)(a) and (b) in Dixon County because Brayan was truant from school and his mother failed to ensure that he was regularly attending school. The initial disposition was held on May 1, 2012. At that same time, Brayan had two other juvenile court cases in other counties. He was on juvenile probation in Wayne County for a 3(b), and on juvenile probation in Dakota County for a shoplifting offense. The proceedings in Wayne County were transferred to Dixon County following Brayan’s admission to a violation of his terms of probation based upon his shoplifting charge. At the time of the dispositional hearing in Dixon County on January 8, 2013, upon which Brayan appeals, the matter from Dakota County had not been transferred. The Court of Appeals found that based upon the comments from the Dixon County court, including the statement that the order “combin[ed] all three of the cases,” the court was improperly considering the Dakota County proceedings in its dispositional order. The case was remanded to Dixon County to enter a new dispositional order without consideration of the Dakota County proceedings.