SUMMARY: The child comes within the meaning of 43-247(3)(a) because he is at risk for harm due to the father’s failure to pay child support and lack of any evidence that he provided the child with proper parental care and support.
Enrique, DOB 5/1/00, is the child of Tevon and Xiomara G. On or after May 21, 2008, an order was entered removing Enrique from the parental home. An amended petition was filed on June 6, 2008, which included allegations against Tevon that he failed to provide proper parental care to Enrique, in part due to his current incarceration. An adjudication hearing was held on August 27 and September 23, 2008. Evidence was received that Tevon had not made a child support payment since July 2006 and was behind by over $26,000, that Tevon was released from jail on June 7, 2008, where he had been incarcerated due to failure to pay child support, and that Tevon was living with Xiomara, whose home was excluded as a possible placement. Enrique testified as to activities he does with Tevon. On October 9, 2008, the juvenile court found Enrique to be a child within the meaning of 43-247(3)(a), noting that Tevon could be incarcerated again based on his child support arrearages and that the arrearages showed that Tevon failed to provide proper care. Tevon appealed.
The Nebraska Court of Appeals affirmed the adjudication. Proof of the child support arrearages were admissible based on the certified public records exception, and Tevon’s statements to the caseworker were not hearsay as they are admissions by a party opponent. The Court of Appeals found that the juvenile court’s findings that failure to pay child support, the possibility of returning to jail based on the failure to pay child support, and lack of appropriate housing for Tevon, were sufficient to find Enrique at risk for harm and within the meaning of 43-247(3)(a).