SUMMARY: The juvenile court’s adjudication of children was proper where there was evidence the of multiple domestic violence incidences when the kids were present.
On April 8, 2011, the State filed a petition as to Kade, DOB 5/29/2011, Javen, DOB 1/16/2006, and Ryder, DOB 1/8/2009, alleging their mother, Kathy, was engaged in domestic violence. At the adjudication hearing on August 15, 2011, evidence was presented that Kathy reported multiple instances abuse from Shawn, who stands in a parental role to the children. Kade testified at the hearing that he was scared of Shawn and that he was afraid for his mother because of Shawn. The testimony was supported by other witnesses, such as Kathy’s parents, who also reported they had concerns about Shawn’s domestic violence. The juvenile court found Kathy’s testimony inconsistent and full of denials of Shawn’s attacks, while finding Kade’s testimony credible. The juvenile court adjudicated all three children.
The Nebraska Court of Appeals upheld the adjudication. First, the Court of Appeals noted that the record “firmly establishes a history of domestic violence between Kathy and Shawn and Kathy’s intention to continue her relationship with Shawn” (supra, 12). Additionally, it found that the domestic violence clearly had an impact on Kade, who was already showing signs of emotional harm.