SUMMARY: Evidence of severe injuries was sufficient to adjudicate the children when the parents could not offer an explanation as to the injuries but were the child’s primary caregivers.
On November 24, 1999, the State filed petitions as to Sarah (DOB: 7/7/1998) and Jason (DOB: 7/29/1999) alleging that Sarah and Jason were in a situation dangerous after doctors had determined that Jason had a dislocated elbow on August 3 and two fractured ribs on November 20. The only explanation the children’s parents offered was that Sarah may have caused the elbow injury, but did not offer any explanation as to the fractured ribs. At the adjudication hearing held May 15, 2000, the State and the parents stipulated to certain facts detailing Jason’s injuries and illnesses, including the dislocated elbow, a chip fracture on the humerus bone in his arm, pneumonia, two posterior fractures on his left ribs, and a healing fracture in a metacarpal bone. The parents also stipulated that the causes of these injuries were not known. A full examination and skeletal survey of Sarah revealed no fractures or abnormalities. Jason had a twin brother, Samuel, who died as a result of what was determined to be Sudden Infant Death Syndrome. The children’s mother, Mikala, testified that she and the children’s father, Eric, were Jason’s primary custodians and she did not know what could have caused Jason’s injuries. Eric testified that he worked full-time during the time period Jason was injured but cared for the children in the evenings. Eric also did not know what caused Jason’s injuries. A visitation worker and the family’s pastor both testified that they never witnessed any inappropriate parenting behaviors or violent tendencies from either Mikala or Eric. The juvenile court adjudicated both children, stating that the parents had neglected to provide proper or necessary care.
The Nebraska Court of Appeals affirmed the adjudication of Sarah and Jason. The Court of Appeals found that, even though the juvenile court adjudicated the children on a different ground than what the State including the pleadings, there was sufficient evidence that the parents placed the children in a situation dangerous to life or limb. There was no question that Eric and Mikala were the children’s primary caregivers, and there were no suspicions about the care given the children by the day care providers. Though expert testimony would have been preferable, it was unnecessary in this case because Jason’s multiple injuries would not have ordinarily occurred in the absence of abuse or neglect. It was unnecessary for the State to prove the identity of the individual who inflicted Jason’s injuries. The juvenile court also properly adjudicated Sarah because there were specific allegations and findings as to both juveniles.