SUMMARY: A modification of text was made in the opinion of In re Interest of Emma, 18 Neb. App. 389, 782 N.W.2d 330 (2010), namely that a September 30, 2009, where active efforts findings were improperly made was a continuation of a previous order and therefore not final and appealable.
On a motion for rehearing, the Nebraska Court of Appeals overruled the motion but modified the section entitled “Active Efforts and Expert Testimony.” In summary, the Court of Appeals found that it was error for the juvenile court to make active efforts findings in its September 30, 2009, adjudication order because no evidence was adduced at that hearing regarding active efforts or expert testimony. However, the Court of Appeals concluded the error was harmless because the issues were full addressed in the previous order issued after the June 11, 2009, hearing, and that the September 30, 2009, adjudication order was a continuation of the June 11, 2009, order and not final and appealable as to the issue of continued out-of-home placement.