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IN RE INTEREST OF TABATHA R.

No. S-96-552.

564 N.W.2d 598 (1997)

252 Neb. 687

In re Interest of TABATHA R., a child under 18 years of age. STATE of Nebraska, Appellee and Cross-Appellee, v. RONDA R., Appellant, Ronald D., Appellee and Cross-Appellant, and Nebraska Department of Social Services, Interested Party, Appellee.

Supreme Court of Nebraska.

June 20, 1997.

Attorney(s) appearing for the Case

A. Michael Bianchi, Omaha, for appellant.

Regina T. Makaitis, Omaha, for appellee State.

Dean M. Johnson, for appellee Ronald D.

Don Stenberg, Attorney General, Royce N. Harper, and Douglas D. Dexter, Special Assistant Attorney General, for appellee Nebraska Department of Social Services.

Thomas M. Kenney, Douglas County Public Defender, and Ann C. Holtz, Omaha, guardian ad litem for Tabatha R.

V. Gene Summerlin, of Gelt, Fleishman, Sterling & Ogborn, P.C., Denver, CO, and James Bopp, Jr., Thomas J. Marzen, Daniel Avila, and Jane E.T. Brockmann, of National Legal Center for the Medically Dependent and Disabled, Inc., Indianapolis, IN, for amicus curiae Scholl Institute of Bioethics.

Carr E. Heaney, Jr., of Kennedy, Holland, DeLacy & Svoboda, Omaha, for amicus curiae Creighton-Saint Joseph Regional Healthcare System, L.L.C., doing business as Saint Joseph Hospital.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

PER CURIAM.

Claiming, among other things, that the juvenile court erred in assenting to the determination of the then Nebraska Department of Social Services to withdraw life support measures from their infant girl, Tabatha R., and to not resuscitate her, the infant's mother, Ronda R., filed an appeal, and the infant's father, Ronald D., cross-appealed, taking the same positions as did the mother. Since the parents present a question of first impression and challenge...

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