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In re Alex F.

Court of Appeals of Nebraska

August 25, 2015

IN RE INTEREST OF ALEX F. AND TONY F., CHILDREN UNDER 18 YEARS OF AGE. STATE OF NEBRASKA, APPELLEE AND CROSS-APPELLEE,
v.
FLOYD F., APPELLANT, AND SHELLY F., APPELLEE AND CROSS-APPELLANT

Page 151

Appeal from the County Court for Madison County: Ross A. STOFFER, Judge.

Ryan J. Stover, of Stratton, DeLay, Doele, Carlson & Buettner, P.C., L.L.O., for appellant.

Gail E. Collins, Deputy Madison County Attorney, for appellee State of Nebraska.

Mark D. Albin, of Albin Law Office, for appellee Shelly F.

Brad Easland, guardian ad litem.

IRWIN, INBODY, and RIEDMANN, Judges.

OPINION

Page 152

[23 Neb.App. 196] Riedmann, Judge.

INTRODUCTION

Floyd F. appeals and Shelly F. cross-appeals from the order of the county court of Madison County, sitting as a juvenile court, which changed placement of their minor child Tony F. We find no merit to their arguments and therefore affirm the decision of the juvenile court.

Page 153

BACKGROUND

Floyd and Shelly are the biological parents of Alex F., born in 2001, and Tony, born in 2003. The Nebraska Department [23 Neb.App. 197] of Health and Human Services (the Department) has received 18 reports of abuse and neglect involving this family dating back to October 2001. The concerns regarded inappropriate discipline, inappropriate supervision, the children being uncontrolled by their parents, the mental capacity of the parents, the children's hygiene, and the dirty and unsanitary conditions of the home.

The present case was commenced when Tony's school contacted police in November 2012 because he was uncontrollable. Tony was removed from the classroom by police and was determined to pose a safety risk to himself or others. Police placed him in emergency protective custody in the adolescent psychiatric unit of a local hospital. A subsequent visit to the home found its conditions to be unsanitary and unsafe for the children.

The following day, the State filed a petition to adjudicate the children under Neb. Rev. Stat. § 43-247(3)(a) (Reissue 2008). The petition alleged that Alex and Tony

are juveniles who are in a situation dangerous to life or limb or injurious to the health or morals of the juveniles and/or who lacks [sic] parental care by reason of the fault or habits of their parents; and/or whose mother and father have neglected or refused to provide proper or necessary subsistence, education or other care necessary for the health, moral or well-being of the juveniles.

Specifically, the petition alleged that the parents have failed to provide a reasonably clean and safe residence, failed to provide reasonably clean and appropriate clothing, or failed to provide reasonably necessary food or medication for the children. Floyd and Shelly pled no contest to the allegations in the petition, and the children were adjudicated.

A review hearing was held in September 2014. The evidence presented indicated that although the children were initially placed in out-of-home care, they were placed back in the home in February 2013. At the time of the hearing, Tony was 10 years old and was verified for special education [23 Neb.App. 198] services at school due to a behavioral disorder. He has a history of extreme aggression in the school setting, including running away, throwing rocks with the intent to hurt, throwing chairs, pulling computers off tables, banging his head, kicking, hitting, screaming, biting, and spitting. According to the Department, Tony struggles with ...


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