SUMMARY: An award of GAL attorney’s fees for work performed after the State filed a motion to dismiss prior to adjudication was improper as the GAL lacked the authority to reinitiate the case through a new petition.
David, DOB 6/97, Miguel, DOB 9/01, Edwin, 1/05, and Rogelio, 5/06, were removed from the mother’s home after she was arrested for being in the country illegally and using another person’s identity. The mother was deported to Mexico and once arrangements were made to reunify the children with her, the State filed a motion to dismiss the proceedings on December 10 and 11, 2009. After the State filed its motion, the GAL filed a supplemental petition alleging the children to be within the meaning of N.R.S. 43-247(3)(a). A hearing on the petition was held on February 17, 2010, but the juvenile found there was not sufficient evidence to adjudicate the children and dismissed the case. The GAL then sought fees for services performed pertaining to her petition. The county objected but the court approved the fees. The county appealed.
The Nebraska Court of Appeals reversed the award of GAL fees. It first noted that in appeals pertaining to GAL fees, the GAL should individually file as the appellant as an intervenor and the county as intervenor-appellee. Next, the Court of Appeals noted that under N.R.S. 43-274(1) only county attorneys have the authority to initiate juvenile court proceedings. It further noted when a county attorney files a dismissal in a juvenile court action, such dismissal occurs without any action by the court. Therefore, in this case, the juvenile court action was dismissed prior to the GAL filing a supplemental petition. The Court of Appeals next concluded that the GAL had no statutory authority to file an original petition initiating a new action and that its statutory authority to “file a petition in the juvenile court on behalf of the juvenile” under N.R.S. 43-272.01(2)(h) only pertained to various matters of relief for the juvenile during the course of an existing case.