In re Interest of Quincy J.

• Court: Nebraska Supreme Court
• Decided: February 28, 2014
• Docket: S-13-664
• Status: Published

Opinion

Nebraska Advance Sheets 576 287 NEBRASKA REPORTS

consequences. Under § 43-247.02(2), on and after July 1, 2013, a juvenile court can commit a juvenile to OJS for place­ ment at a YRTC only as part of an order of ISP. But because Marcella had already been committed to OJS for placement at a level less restrictive than a YRTC and only later transferred to a YRTC after July 1, subsection (2) does not apply. We conclude that § 43-247.02(3) controls and that the juvenile court acted within its authority when it transferred Marcella to the YRTC without making the placement as part of an order of ISP. Affirmed.

In re I nterest of Quincy J., a child under 18 years of age. State of Nebraska, Department of Health and Human Services, appellant, v. Quincy J., appellee. ___ N.W.2d ___

Filed February 28, 2014. No. S-13-664.

Appeal from the Separate Juvenile Court of Lancaster County: R eggie L. Ryder, Judge. Affirmed. Jon Bruning, Attorney General, and C.J. Roberts, Special Assistant Attorney General, for appellant. Toni Leija-Wilson for appellee. S.A. Mora James, guardian ad litem. Heavican, C.J., Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ. Cassel, J. This case raises the same issue as that presented in In re Interest of Marcella G.,1 decided today. The juvenile court committed Quincy J. to the custody of the Office of Juvenile Services for treatment at a level less restrictive than a youth

1 In re Interest of Marcella G., ante p. 566, ___ N.W.2d ___ (2014). Nebraska Advance Sheets IN RE INTEREST OF QUINCY J. 577 Cite as 287 Neb. 576

rehabilitation and treatment center prior to July 1, 2013, and, after July 1, sustained a motion to transfer him to a youth rehabilitation and treatment center. For the same reasons set forth in In re Interest of Marcella G., we affirm the decision of the juvenile court. Affirmed.