Nebraska Court Case: In re Kayle C.

In re Interest of Kayle C. and Kylee C., children under 18 years of age. State of Nebraska, Appellee, v. Michelle C. and Donald Y., Appellees, and Danny Y. and Louise Y., Appellants. 

No. S-97-013. 

SUPREME COURT OF NEBRASKA 

253 Neb. 685; 574 N.W.2d 473; 

January 2, 1998, Filed 

Appeal from the Separate Juvenile Court of Douglas County: Elizabeth G. Crnkovich, Judge. 

Reversed and remanded for further proceedings. 

COUNSEL:
James Walter Crampton, for appellants.

James S. Jansen, Douglas County Attorney, and Vernon Daniels, for appellee State. 

JUDGES:
WHITE, C.J., CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ. 

OPINIONBY:
STEPHAN 

OPINION:

STEPHAN, J.
Danny Y. and Louise Y. (hereinafter the grandparents) appeal from an order of the separate juvenile court of Douglas County denying their motion for leave to intervene. We determine, as a matter of first impression, that grandparents of a juvenile who is the subject of a dependency proceeding have a direct legal interest in the subject matter of the action which entitles them to intervene as a matter of right, and we therefore reverse the judgment and remand the cause to the juvenile court for further proceedings.
BACKGROUND
On November 9, 1994, the Douglas County Attorney, on behalf of the State of Nebraska, filed a petition in the separate juvenile court of Douglas County alleging that the court had jurisdiction over sisters Kayle C. and Kylee C., pursuant to Neb. Rev. Stat. § 43-247(3)(a) (Reissue 1993), because they lacked proper parental care by reason of the faults or habits of their mother. The State alleged that "on or about November 6, 1994 said children were dropped off by their mother at the home of Barbara Ross, and since that date, [the mother's] whereabouts are unknown." The court granted the State's motion for temporary custody pending adjudication as a matter of "immediate and urgent necessity for the protection of said children" and ordered the then Nebraska Department of Social Services (DSS) to retain custody of the children for placement in foster care or other appropriate placement with DSS. On November 10, 1994, the State filed an amended petition naming Donald Y. as the father of Kayle. He was subsequently permitted to intervene in the action as the father of Kayle. The identity of the father of Kylee does not appear in the record.