In re Interest of Hla H.
25 Neb. Ct. App. 118
| Neb. Ct. App. | 2017Background
- In January 2016 the State petitioned to adjudicate Hla H. as a juvenile under Neb. Rev. Stat. § 43-247(3)(b) for habitual truancy between Aug. 12 and Dec. 18, 2015.
- A school collaborative plan meeting occurred Oct. 26, 2015 with Hla, his mother (Eh), an interpreter, and school staff; attendees signed a collaborative plan and Eh initialed receipt of a County Attorney letter (a standard form) referring families to community resources and a Truancy Resource Specialist.
- The school produced attendance records showing numerous unexcused absences and tardies; after continued absences the matter was referred to the County Attorney on Dec. 18, 2015.
- At adjudication the State introduced the County Attorney’s letter (exhibit 3) over hearsay and foundation objections; the juvenile court admitted it and adjudicated Hla as habitually truant.
- Hla appealed, arguing (1) exhibit 3 was inadmissible hearsay/unauthenticated and (2) the County Attorney failed to make the statutory "reasonable efforts" referral under § 43-276(2) (letter not translated and generic).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility/authentication of County Attorney letter (exhibit 3) | Exhibit 3 is hearsay and lacks proper foundation/authentication | Letter is a non-hearsay verbal act (shows referral was made) and is self-authenticating under Neb. Evid. R. 902; alternatively authenticated under R. 901 | Letter admissible: not hearsay (verbal act) and self-authenticating; alternatively sufficiently authenticated by witness testimony |
| Compliance with § 43-276(2) reasonable-efforts requirement before filing petition | Letter was insufficient and untranslated for Eh, so County Attorney did not make reasonable efforts to refer family to services | County Attorney’s letter plus collaborative meeting, interpreter assistance, and availability of resources/web/Truancy Resource Specialist satisfied reasonable efforts | Court held County Attorney met § 43-276(2) reasonable-efforts requirement as applied to habitual truancy; adjudication affirmed |
Key Cases Cited
- State v. McCave, 282 Neb. 500 (discusses verbal acts/nonhearsay and admissibility when statement itself is the operative fact)
- State v. Draganescu, 276 Neb. 448 (standard of review for hearsay rulings)
- In re Interest of Samantha C., 287 Neb. 644 (juvenile cases reviewed de novo on the record)
- In re Interest of Ashley W., 284 Neb. 424 (Nebraska Evidence Rules apply at adjudication hearings)
- Richards v. McClure, 290 Neb. 124 (authentication of letters; distinguished on facts)
- State v. Elseman, 287 Neb. 134 (rule 901 authentication standard explained)
- State v. Timmerman, 240 Neb. 74 (letters may be authenticated by testimony)