Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 07/27/2018 09:08 AM CDT - 659 - Nebraska Supreme Court A dvance Sheets 300 Nebraska R eports IN RE GUARDIANSHIP OF LUIS J. Cite as 300 Neb. 659 In re Guardianship of Luis J., a minor child. Joaquin Tomas Joaquin A lberto, appellant, v. State of Nebraska, appellee. ___ N.W.2d ___ Filed July 27, 2018. No. S-17-1142. 1. Courts: Jurisdiction: Evidence: Child Custody. A county court with a jurisdictional basis under Neb. Rev. Stat. § 43-1238(a) (Reissue 2016) and which has made an initial child custody determination, such as appointing a guardian, has the authority to make immigration-related factual findings where the evidence is sufficient and the court has been requested to do so. 2. Courts: Juvenile Courts: Jurisdiction: Guardians and Conservators: Child Custody. A county court properly taking jurisdiction over a guardianship and making an initial custody determination is not excluded from Neb. Rev. Stat. § 43-1238(b) (Reissue 2016), even where there is a juvenile court in that county, and the county court may make special findings of fact where appropriate. 3. Courts: Juvenile Courts: Guardians and Conservators: Child Custody: Federal Acts. A Nebraska county court which properly appoints a guardian for a juvenile makes a custody determination, and thus, the county court is considered a “juvenile court” for purposes of 8 U.S.C. § 1101 (a)(27)(J)(i) and (ii) (Supp. V 2018). 4. Courts: Jurisdiction: Guardians and Conservators. Under Neb. Rev. Stat. § 24-517(2) (Reissue 2016), a Nebraska county court has exclusive original jurisdiction in all matters relating to the guardianship of a per- son, subject to exceptions. 5. Guardians and Conservators: Child Custody. A guardianship is no more than a temporary custody arrangement established for the well- being of a child. 6. Courts: Child Custody: Evidence. Neb. Rev. Stat. § 43-1238(b) (Reissue 2016), as amended in 2017, provides that when requested by one of the parties or upon the court’s own motion, a court making an - 660 - Nebraska Supreme Court A dvance Sheets 300 Nebraska R eports IN RE GUARDIANSHIP OF LUIS J. Cite as 300 Neb. 659 initial custody determination “shall issue” an order containing the three enumerated factual findings if there is sufficient evidence. Appeal from the County Court for Douglas County: Thomas K. H armon, Judge. Reversed and remanded for further proceedings. Roxana Cortes Reyes, of Immigrant Legal Center, an affili- ate of Justice For Our Neighbors Network, for appellant. Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, and Papik, JJ., and Johnson, District Judge. Miller-Lerman, J. NATURE OF CASE Although the county court for Douglas County appointed Joaquin Tomas Joaquin Alberto as guardian of his juvenile grandson, Luis J., it declined to make special factual findings necessary for Luis to apply for special immigrant juvenile (SIJ) status under 8 U.S.C. § 1101(a)(27)(J) (Supp. V 2018). Following a hearing on Alberto’s motion to amend this initial ruling, relying on Nebraska statutes, the county court con- cluded that the county court for Douglas County “does not function as juvenile court” and ...
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