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In re Laticia S.

Court of Appeals of Nebraska

April 8, 2014

IN RE INTEREST OF LATICIA S., A CHILD UNDER 18 YEARS OF AGE. STATE OF NEBRASKA, APPELLEE AND CROSS-APPELLEE,
v.
STACY S., APPELLANT, AND MICHAEL S., APPELLEE AND CROSS-APPELLANT

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Appeal from the Separate Juvenile Court of Douglas County: ELIZABETH CRNKOVICH, Judge.

Jane M. McNeil, of McNeil Law Office, for appellant.

Donald W. Kleine, Douglas County Attorney, Sarah Graham, and Mary Stiles, Senior Certified Law Student, for appellee State of Nebraska.

Rita L. Melgares for appellee Michael S.

IRWIN, MOORE, and BISHOP, Judges.

OPINION

Page 845

[21 Neb.App. 922] Bishop, Judge.

Stacy S. appeals, and Michael S. cross-appeals, from the decision of the separate juvenile court of Douglas County which adjudicated their minor child, Laticia S., pursuant to Neb. Rev. Stat. § 43-247(3)(a) (Reissue 2008), after finding that Stacy and Michael neglected Laticia's education. We affirm.

[21 Neb.App. 923] BACKGROUND

Stacy and Michael are the biological parents of Laticia, born in August 2005. Laticia was 6 years old during the 2011-12 school year.

On September 25, 2012, the State filed a petition with the juvenile court, alleging that Laticia was a child within the meaning of § 43-247(3)(a) by reason of the faults or habits of her parents. The State alleged that (1) Laticia did not attend school 22.2 school days out of 117 possible school days while enrolled at Edward Babe Gomez Heritage Elementary School (Gomez Elementary) between August 2011 and February 2012, (2) the parents failed to actively assist Laticia in attending school and failed to work with school authorities, and (3) due to the above allegations, Laticia was at risk for harm.

An adjudication hearing was held on April 17, 2013. The only witness at the adjudication hearing was Anne MacFarland, a student personnel assistant with Omaha Public Schools. MacFarland monitors students' attendance and is ...


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