In re Interest of Jeovani H., 6 N.W.3d 539

Jeovani H., a 13-year-old, was alleged to have committed felony assault; he eventually admitted to misdemeanor attempted third degree assault as part of a plea agreement.
As part of the disposition, Jeovani was placed on a 12-month probation and ordered to pay $2,553.05 in restitution for the victim's medical expenses.
Jeovani disputed only his ability to pay restitution, not the amount or the victim's entitlement.
The evidence showed Jeovani was unemployed at the time, had participated in school sports, did not have a driver's license or family vehicle access, but there were local employment opportunities for juveniles.
The juvenile court found Jeovani capable of paying restitution within the probation term and allowed early termination of probation if restitution was paid in full.
Jeovani appealed, arguing he was not capable of paying restitution and was denied a fair opportunity to present evidence at the restitution hearing.

Issue	Jeovani's Argument	State's Argument	Held
Was Jeovani capable of paying restitution?	He lacked ability to pay given age, lack of job, and family issues.	He had job opportunities and could pay within the year while in sports.	No merit; evidence supported ability to pay within a year.
Was the restitution hearing unfair?	He was unfairly limited in presenting and disputing evidence.	Both parties had fair chance to present/cross-examine witnesses.	No merit; record shows fair opportunity given.

In re Interest of Seth C., 307 Neb. 862 (Neb. 2020) (affirming restitution for victim's medical bills as essential for juvenile's reformation)
In re Interest of Laurance S., 274 Neb. 620 (Neb. 2007) (courts must consider juvenile's ability to pay in restitution orders)
In re Interest of Brandon M., 273 Neb. 47 (Neb. 2007) (factors courts should consider regarding juvenile restitution orders)