In re Interest of Lilly S.

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In re Interest of Lilly S.

Case Number
Call Date
November 2, 2017
Case Time
9:00 AM
Court Number
Case Location
Case Summary

S-17-0259 In re Interest of Lilly S.

Separate Juvenile Court for Douglas County, Judge Douglas Johnson

Attorneys: Zoe R. Wade (Public Defender’s Office for Appellant Kenny S.) --- waiver of filing brief by State/Appellee(s)

Civil: Adjudication under Neb. Rev. Stat. § 43-247(3)(a)

Proceedings below: The court issued an adjudication and disposition order. Appellant filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues: 1. The court erred in finding sufficient evidence that Appellant’s children are at risk for harm. 2. The court erred in taking judicial notice of disputed facts and facts within the court’s owner personal “knowledge.” 3. Neb. Rev. Stat. § 43-247(5) unconstitutionally deprives a parent of his or her procedural due process rights under the Nebraska and U.S. Constitutions. 4. Appellant was deprived of due process when the court entered dispositional orders as to the father without providing notice or a reasonable opportunity to be heard.

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