In re Interest of Markice M. (Disposition, Motion to Revoke)

This case held that a juvenile court may not change the terms of a youth's probation without going through the motion to revoke probation procedures set forth in Neb. Rev. Stat. 43-286(4).  The separate juvenile court of Douglas County adjudicated Markice as delinquent on November 5, 2006.  The court then held a dispositional hearing on February 1, 2007, placing Markice under the supervision of a probation office, but allowing him to stay at home.  In March, 2007, Markice was detained and the court ordered a community-based evaluation.  At a subsequent "evaluation hearing" the court ordered Markice placed at a group home.  At no point was a motion to revoke probation filed.  The minor appealled the order.  

The Supreme Court rejected the State's argument that the evaluation hearing was a "continued disposition" and found that the juvenile court's order placing the youth at a group home was plain error.  The court found that the dispositional phase of the case concluded on February 13, 2007 when the court placed the youth on probation and scheduled a "probation review" hearing.  

Additionally, in dicta, the Supreme Court indicated it agreed with the Court of Appeals decision, In re Interest of Torrey B.  577 N.W.2d 310 (1998).  In that case, the Court of Appeals found that 43-286 "does not allow the juvenile court to place a juvenile on probation or exercise any of its other options [for disposition], and at the same time continue the dispositional hearing."  at 316