IN RE A.P

Child Abuse and Neglect — neglected child — custody — closing of case — termination of district court's jurisdiction

The decision of the Court of Appeals remanding this case for an evidentiary hearing determining who is best suited to care for a dependent child who had been placed in the custody of the DSS and placed by DSS with her natural father is reversed for the reasons stated in the dissenting opinion that the district court's closing of the case terminated its jurisdiction and returned the child's parents to their pre-petition legal status. The parents now have the option to pursue a custody determination in a Chapter 50 proceeding.

PER CURIAM.

For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed.