SUMMARY: A denial of child in-chambers testimony is not a final, appealable order.
Desiree and Briana were removed from the home of the adoptive parents on June 25, 2009 on allegations of sexual abuse by the father and failure to protect by the mother. Prior to the adjudication hearing, the guardian ad litem filed a motion for in chambers testimony by the children, which was supported by the county attorney. After a hearing on October 6, 2009, the court denied the motion on the basis that there was insufficient evidence to demonstrate a “compelling need” for the children to testify in chambers.
The Nebraska Court of Appeals affirmed the lower court’s order based on its recent opinion In re Interest of Marcella B. & Juan S., 18 Neb. App. 153, 775 N.W.2d 470 (2009), where it found that the child did not have a substantial right to testify outside the presence of the parent and that the ordering denying in chambers testimony was not a final, appealable order. This appellate decision was affirmed by the Nebraska Supreme Court.