SUMMARY: Even though the children did not visually witness the domestic violence between the mother and her partner, there was sufficient evidence showing that they were adversely affected by exposure to it warranting adjudication under 43-247(3)(a).
Mariah R., DOB 10/91, Ashley L., DOB 4/94, Justin L., DOB 6/97, and Felicity L., DOB 1/99 were removed from the mother’s home on September 30, 2008, subsequent to a petition being filed on September 12, 2008, alleging that the children lacked proper parental care due to acts of domestic violence between herself and her partner, Andrew. The children had heard physical fights between the mother and Andrew in the past and there was testimony from police officers and bystanders as to past incidents. The mother also resisted in complying with a safety plan that would preclude Andrew from staying in her home. Therapists for three of the children testified as to the children’s symptoms that were consistent with domestic violence and testified that this home environment was not safe and stable and placed the children at risk of serious emotional or physical harm. After trial, the court adjudicated the children within the meaning of N.R.S. 43-247(3)(a). The mother appealed.
The Nebraska Court of Appeals affirmed the order. It found that the evidence established a history of domestic violence between the mother and Andrew and that the children have been adversely affected by exposure to the violence. The Court of Appeals also found that the mother continued to have contact with Andrew after the children were removed, specifically allowing Andrew to reside in her home and marrying him, and that it therefore was not an error to adjudicate the children. The Court of Appeals also concluded that the evidence of an unsafe environment established that a return of the children to the mother’s home would likely result in serious emotional or physical damage, as required by the Indian Child Welfare Act.