Matney ex rel. Valentin V. v. State, Department of Health & Human Services

Sievers, Judge.

INTRODUCTION

The State of Nebraska, Department of Health and Human Services (State), appeals the order of the Dakota County Court, sitting as a juvenile court, adjudicating Valentin V. under Neb. Rev. Stat. § 43-247(3)(a) (Cum. Supp. 2002). The issue on appeal is whether a guardian ad litem, appointed in another proceeding and lacking the county attorney’s consent, can file a petition in juvenile court to adjudicate a minor. We hold that in such circumstances, a guardian ad litem lacks authority to file such a petition.

FACTUAL AND PROCEDURAL BACKGROUND

On January 30, 2003, the…