SUMMARY: Evidence supported adjudicating the child when the child tested positive for Methadone, a controlled substance, shortly after birth, and there was evidence the mother was taking Methadone without a current prescription.
The State of Nebraska filed a petition on June 27, 2012, alleging that Tristan (DOB 6/21/2012) was put at risk of harm due to the faults or habits of his parents, Nicole and Michael, in that Tristan was exposed to a controlled substance. Nicole denied the allegations in the petition. Because paternity was not established, the court ordered Michael to submit to genetic testing. At the adjudication hearing held on December 27, 2012, testimony established that Tristan had symptoms of withdrawal at birth. Tristan’s doctor ordered a urine screen, which tested positive for Methadone. Nicole admitted that she had been taking Methadone during pregnancy, but claimed she stopped on her own one month prior to delivering Tristan; the doctor testified that if Nicole had actually stopped taking the controlled substance at that time, Tristan would not have tested positive. The doctor also testified that it may sometimes be medically proper for a pregnant woman to remain on Methadone while pregnant. However, Nicole was not able to produce a current prescription for Methadone. There was also evidence that Nicole was abusing Methadone by injecting it. Nicole tested positive for methamphetamine, marijuana, and opiates; however, a hair panel test conducted on August 31, 2012 indicated Nicole tested negative for all drugs tested, but the hair panel test did not include Methadone. The court held that there was not enough evidence for the court to find that Michael is Tristan’s father. In addition, the court held that the allegations in the petition were proved by a preponderance of the evidence.
The Nebraska Court of Appeals affirmed the adjudication. The court noted that the evidence showed Tristan was born with Methadone in his system and experience withdrawal symptoms, and that Methadone is a controlled substance. Despite the contradicting evidence that Nicole tested negative for other drugs, the fact that she admitted to using Methadone and could not provide proof of a current prescription was sufficient to support the facts alleged in the petition.