SUMMARY: It is a violation of due process to adjudicate on findings relating to mental health status of the mother when mental health was not an allegation in the petition nor was referred to in the allegation of “fault.”
Christian L., 16 months of age, was removed from the mother in January 2009 after law enforcement found the mother’s house “in total disarray” and without any baby food. While the house was dirty and cluttered, Christian would remain in the living room area which was closed in by baby gates. This area was not dirty and there were no allegations of it being unsafe except for general testimony at adjudication about the existence of a pair of scissors. On January 2, 2009, a petition was filed that alleged Christian lacked proper parental care due to the filthy home and lack of food. During the adjudication hearing on March 31 and June 26, 2009, there was testimony about the mental health of the mother. After trial, the court adjudicated the child within the meaning of N.R.S. 43-247(3)(a).
The Nebraska Court of Appeals reversed the adjudication with orders to dismiss the case. It held that due process was violated because the allegations in the petition did not include the mother’s mental health issues and they therefore should not have been at issue during adjudication. The mother must be properly notified that her mental health status would be an issue at adjudication, which could have been satisfied by specific factual allegations or that the allegation of the risk due to the mother’s fault included an assertion that the mental health condition was a contributing factor. Excluding the evidence relating to the mother’s health, the Court of Appeals found that there was not sufficient evidence to find the child within the meaning of 43-247(3)(a).