In re Interest of Torrey B. (Disposition, Motion to Revoke)

The Court of Appels found plain error in the juvenile court's revocation of the youth's probation in contravention of statutory procedures laid out in Neb. Rev. Stat. 43-286.  The youth was adjudicated on January 29, 1997.  The court filed an order on January 31, 1997 placing the youth on indefinite probation.  The probation order stated, "the court has placed you on probation...for a period of indefinite from 01-29-1997 to indefinite after a hearing in which more drastic action might have been taken."  at 661.  The case was then continued until March 5, 1997.  At the March 5th hearing the court ordered an evaluation of the youth and set the matter for hearing on April 9, 1997.  At the April 9th hearing the court committed the juvenile to YRTC-Kearney.  The Court of Appeals reversed the juvenile court stating, "The juvenile court apparently assumed that by putting a provision in the original dispositional order (filed January 31) continuing the matter, it could change the order without pleadings, notice or evidence.  Such was clearly plain error."  at 665-66.  A juvenile court may not place a youth on probation, and at the same time continue the dispositional hearing.  at 666.