In Re Interest of Borius H.

Upon appeal of this case from the Douglas County Separate Juvenile Court, the Nebraska Court of Appeals determined that the State of Nebraska failed to attach an affidavit to its motion for an ex parte order seeking temporary custody of Theresa H.’s children and failed to adduce any evidence at the subsequent hearing to warrant the removal of the children from their mother’s home. The Court of Appeals reversed the juvenile court’s order giving the Nebraska Department of Social Services (DSS) temporary custody of the children. Instead of dismissing the case, the Court of Appeals remanded this…