SUMMARY: Adjudication of the mother’s sons was improper because they were living with the grandparents and were not in any danger of the mother’s alcohol-fueled episodes or domestic violence incidents with her husband.
A 3a petition was filed as to Sylissa, age 14, and Justine, age 11, on April 12, 2012, due to the alcohol abuse and domestic violence by the mother, Shawna, and her husband. On April 16, 2012, an amended petition was filed as to Shawna’s two younger children, Moses and Elijah, who were then residing with the grandparents. Adjudication was held on October 11, 2012, where the girls’ depositions were submitted. The depositions included testimony as to the parents’ drug use, domestic violence, and lack of supervision and care, but also included testimony that the boys were not present for these instances and that the grandparents home was safe. On October 22, 2012, the juvenile court adjudicated all four children to be within the meaning of 43-247(3)(a). The mother appealed as to the adjudication of the younger two boys.
The Nebraska Supreme Court reversed the decision in part as to the boys, Moses and Elijah. The Supreme Court noted that the juvenile court must look at only the present situation the child finds himself in when determining whether he falls within the meaning of 43-247 (3)(a) through a definite risk of future harm. In this case, the boys were living with their grandparents, who were providing them a safe home, and were not present for the mother’s drug use or domestic violence. The Supreme Court concluded that the State failed to show an evidentiary nexus between the neglect suffered by the boys’ older sisters and any definite risk of future harm to themselves.