In re Interest of Sloane O.

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In re Interest of Sloane O.

Case Number
S-15-0012
S-15-0074
Call Date
September 2, 2015
Court Number
Douglas
Case Summary

S-15-0012 and S-15-0074 In re Interest of Sloane O. (consolidated appeals)

Juvenile Court Douglas County, Judge Douglas Johnson

Attorneys: Karen S. Nelson (Schirber & Wagner LLP) (Appellant Sabrina O.) --- Anthony Clowe (County Attorney's Office) --- Beau Finley (Finley & Kahler PCLLO) (GAL for minor child)

Civil: Denial of motion to intervene/motion for custody

Proceedings below: The court found the Appellant's motion for custody should be denied finding it was in the best interests to be placed out of the home in a residential treatment center pursuant to the court's order in the child's delinquency docket. The court also found the mother's motion for custody was premature as she had not filed a motion to intervene in the matter prior to filing the motion for custody. The natural father, Pro Se, appealed from the order of adjudication.

Issues: The juvenile court erred in (1) finding that a parent who has no allegations of abuse or neglect must first file a complaint to intervene before filing a motion for custody; (2) failing to place custody of the minor children with Appellant when there was no evidence she was unfit to have custody; (3) proceeding to adjudication and adjudicating the father when it had failed to properly serve the custodial parent in the action, and proceeding to adjudication when there were no allegations against the mother; (4) finding it was in the best interests of the child to be placed outside the parental home and that the child had not yet completed her out-of-home treatment. Appellant also argues that continued placement of the children with DHHS violated Appellant's substantive and procedural Due Process.