SUMMARY: Evidence of the father’s unstable and inappropriate living conditions for housing his toddler child and his inability to be alert and attentive due to his mental health conditions and prescription medications were sufficient for the child to be adjudicated.
Dylan, DOB 5/07, is the subject of an amended supplemental petition filed on November 5, 2008, alleging that he is a child within the meaning of 43-347(3)(a) due to the father’s (Keith) failure to provide safe and stable housing and a legal source of income, and due to the father’s mental illnesses and failure to consistently take prescription medication. Between August and November 2008, Keith had lived in 4 residences, at least two of which were unclean (with piles of clothing on the floor and dirty dishes piled in the sink) and lacked necessary items for a toddler (such as a crib, car seat, food, clothing or toys), and at least one of which he was evicted from because it was uninhabitable. Keith has several mental disorders for which he takes multiple prescription medications that cause him to be lethargic and drowsy. Keith did not consistently attend visitation with Dylan and during some visits would fall asleep holding the child. On June 23, 2009, the juvenile court adjudicated Dylan, finding the allegations true. Keith appealed.
The Nebraska Court of Appeals affirmed the adjudication. Based on the evidence outlined above, the Court of Appeals found that “[t]he transitory nature of Keith’s residences, combined with his mental health conditions and prescription medications and their effects on his ability to be alert and attentive, presented a situation potentially injurious to Dylan.”