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In re Interest of Joshua M.4/2/1999
Designated for Permanent Publication
1. Juvenile Courts: Parental Rights: Appeal and Error. In an appeal from a juvenile court order terminating parental rights, the appellate court tries factual questions de novo on the record.
2. Juvenile Courts: Appeal and Error. Appellate review is independent of the juvenile court;s findings; however, when the evidence is in conflict, the appellate court may give weight to the fact that the juvenile court observed the witnesses and accepted one version of facts over another.
3. Statutes. Interpretation of a statute presents a question of law.
4. Judgments: Appeal and Error. An appellate court reviews questions of law independent of the trial court;s decision.
5. Statutes: Legislature: Intent. In reading a statute, a court must determine and give effect to the purpose and intent of the Legislature as ascertained from the entire language of the statute considered in its plain, ordinary, and popular sense.
6. ____: ____: ____. When considering a series or collection of statutes pertaining to a certain subject matter which are in pari materia, they may be conjunctively considered and construed to determine the intent of the Legislature, so that different provisions of the act are consistent and sensible.
7. ____: ____: ____. Unless the Legislature has plainly indicated a contrary purpose or intention, when a statute specifies the object of its operation, the statute excludes from its operation every object not expressly mentioned therein.
8. Juvenile Courts: Jurisdiction: Parental Rights. The plain language of Neb. Rev. Stat. § 43-247(6) (Cum. Supp. 1996) states that the juvenile court shall have jurisdiction of the proceedings for termination of parental rights as provided in the Nebraska Juvenile Code.
9. Juvenile Courts: Pleadings: Parental Rights. The Nebraska Juvenile Code provides for the filing of an original petition seeking the termination of parental rights under Neb. Rev. Stat. § 43-291 (Cum. Supp. 1996).
10. Juvenile Courts: Jurisdiction: Parental Rights. Neb. Rev. Stat. §§ 43-247(6) and 43-291 (Cum. Supp. 1996) indicate that the juvenile court properly acquires jurisdiction over an original action to terminate parental rights as provided in the Nebraska Juvenile Code without prior juvenile court action, including adjudication.
11. Statutes: Legislature: Intent: Parental Rights. Through the plain language of Neb. Rev. Stat. § 43-292 (Cum. Supp. 1996), the Legislature has demonstrated its intention that under certain circumstances, prior court action or an adjudication is required before parental rights can be terminated.
12. Parental Rights. The plain and ordinary meaning of Neb. Rev. Stat. §§ 43-291 (Reissue 1998) and 43-292 (Cum. Supp. 1996), taken together, is that parental rights may be terminated in an original proceeding.
13. Statutes. In construing a statute, a court must attempt to give effect to all of its parts, and if it can be avoided, no word, clause, or sentence will be rejected as superfluous or meaningless; it is not within the province of the court to read anything plain, direct, and unambiguous out of a statute.
14. Constitutional Law: Parental Rights. The integrity of the family unit is one of the fundamental rights guaranteed by the Constitution of the United States, and such rights should not lightly be alienated.
I. NATURE OF CASE
These two juvenile cases in which Mitzi M.;s parental rights were terminated as to her four children were consolidated for trial and appeal. Case No. S-97-1085 involves the child, Joshua M., and c
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