In re Interest of Justine J.
286 Neb. 250
| Neb. | 2013Background
- Shawna is mother of four; Moses (8) and Elijah (6) lived with Shawna and Jarrod's family at relevant times; Sylissa (14) and Justine (11) lived with Shawna and Jarrod.
- State filed petitions alleging lack of proper parental care under Neb. Rev. Stat. § 43-247(3)(a) based on alcohol/substance use, domestic violence, unsafe housing, and neglect.
- Amended petition added Moses and Elijah, alleging same grounds.
- At adjudication, daughters testified to drug paraphernalia, domestic violence, and neglect; Moses/Elijah reportedly were not present and lived with grandparents.
- Juvenile court found all four children within § 43-247(3)(a) due to Shawna/Jarrod's faults and placed them in temporary DHHS custody.
- On appeal, Shawna challenged only the adjudication of Moses and Elijah; the court reversed as to Moses/Elijah and affirmed as to Sylissa and Justine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Moses and Elijah were properly adjudicated under 43-247(3)(a). | Shawna argues no risk of future harm nexus since boys lived with grandparents. | State asserts ongoing fault/habits of Shawna/Jarrod create risk to any child in their care or potential future care. | Reversed; no preponderance showing definite risk of future harm to Moses/Elijah. |
| Whether the adjudication of Sylissa and Justine remains supported. | State correctly proved risk of harm for the two older children. | Argues continued impairment for Moses/Elijah only; not for Sylissa/Justine. | Affirmed as to Sylissa and Justine. |
Key Cases Cited
- In re Interest of Rylee S., 285 Neb. 774 (Neb. 2013) (requires showing definite risk of future harm for adjudication)
- In re Interest of Sabrina K., 262 Neb. 871 (Neb. 2001) (premise that risk must be proven by preponderance)
- In re Interest of M.B. and A.B., 239 Neb. 1028 (Neb. 1992) (analysis of evidentiary nexus to future harm)
- In re Interest of Carrdale H., 18 Neb. App. 350 (Neb. App. 2010) (reversed adjudication where evidence lacked nexus)
- In re Interest of Brianna B. & Shelby B., 9 Neb. App. 529 (Neb. App. 2000) (no evidence that parental alcohol use harmed children)
- In re Interest of Taeven Z., 19 Neb. App. 831 (Neb. App. 2012) (no nexus between mother's drug use and risk to child)