In re Interest of Jaxyn S., A-16-495

Juvenile petition filed Oct. 29, 2015; initially concerned two children but this appeal involves Jaxyn (born Oct. 2013), placed in Department of Health and Human Services (Department) custody and placed with paternal grandparents (Mike and Sara K.).
Christopher K. is Jaxyn’s father; history of methamphetamine use; entered drug court and reported sobriety for 7–8 months by Oct. 2015.
Christopher lived with Jaxyn and grandparents until Dec. 2015, then moved to a sober living facility and did not take Jaxyn with him.
State filed a supplemental petition Dec. 8, 2015, alleging Jaxyn was at risk under Neb. Rev. Stat. § 43-247(3)(a) because Christopher failed to provide housing, care, or supervision and said he was not capable of custodial care while recovering.
At the adjudication hearing (Apr. 2016), Department caseworker testified Christopher admitted he was not providing care and needed to focus on sobriety; grandmother testified Christopher helped with some tasks but never independently cared for Jaxyn (grandparents were always present).
Juvenile court adjudicated Jaxyn as a juvenile under § 43-247(3)(a) as to Christopher; Christopher appealed arguing insufficient evidence that Jaxyn was at risk due to his faults or habits.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether State proved by preponderance that child was at risk under § 43-247(3)(a) as to father	State: Christopher admitted inability to parent now, failed to provide care/support, creating definite risk of future harm	Christopher: He provided appropriate care by residing where child lived and by leaving child with grandparents who he authorized to care for him	Court: Affirmed—evidence showed Christopher admitted he was not capable of parenting, provided no substantial care or support, creating a definite future risk

In re Interest of Octavio B., 290 Neb. 589, 861 N.W.2d 415 (standard of de novo review in juvenile appeals)
In re Interest of Brian B. et al., 268 Neb. 870, 689 N.W.2d 184 (purpose of adjudication phase and parental rights reserved for dispositional phase)
In re Interest of B.R. et al., 270 Neb. 685, 708 N.W.2d 586 (State must prove allegations by a preponderance at adjudication)
In re Interest of Rebekah T. et al., 11 Neb. App. 507, 654 N.W.2d 744 (preponderance standard for juvenile adjudication)
In re Interest of Justine J. et al., 286 Neb. 250, 835 N.W.2d 674 (State must show a definite risk of future harm; court need not wait for disaster)
In re Interest of W.C.O., 220 Neb. 417, 370 N.W.2d 151 (juvenile jurisdiction may attach before actual physical harm occurs)