SUMMARY: A pending motion to transfer in the juvenile court cannot be appealed since there is no final order by which the parents can appeal.
Faren H. was born on June 2, 2005. On June 7, 2005, the state filed a petition to adjudicate the child under 43-247(3)(a) and to terminate parental rights of the parents, Jose O. and Ida H., pursuant to 43-292(2) and (4). On August 8, 2005, the Omaha Tribe filed a notice of intervention and a notice of intent to transfer the case to its tribal courts. After a hearing on September 16, 2005, the court granted the tribe’s motion to intervene and took the motion to transfer under advisement. The adjudication hearing was held on October 6, 2005, at which time the state presented evidence, but continued to November 17, 2005. However, on November 15, 2005, the parents appealed the lack of ruling on the motion to transfer prior to the adjudication hearing.
The Nebraska Court of Appeals held that because the juvenile court had not issued a ruling on the motion to transfer, there was no final order to be appealed. Therefore, the Court held it lacked jurisdiction and dismissed the appeal.