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In re Cayden R.

Court of Appeals of Nebraska

May 14, 2019

In re Interest of Cayden R. et al., children under 18 years of age.
v.
Gail R., appellant. State of Nebraska, appellee,

         1. Juvenile Courts: Appeal and Error. An appellate court reviews juvenile cases de novo on the record and reaches a conclusion independently of the juvenile court's findings.

         2. Child Support: Appeal and Error. The determination of the amount of child support is initially entrusted to the discretion of the trial court, and although on appeal the issue is tried de novo on the record, in the absence of an abuse of discretion, the trial court's award of child support will be affirmed.

         3. Child Support: Rules of the Supreme Court. The Nebraska Child Support Guidelines apply in juvenile cases where child support is ordered.

          Appeal from the Separate Juvenile Court of Lancaster County: Linda S. Porter, Judge. Affirmed.

          Lea Wroblewski, of Legal Aid of Nebraska, for appellant.

          Patrick F. Condon, Lancaster County Attorney, and Anna Marx for appellee.

          Moore, Chief Judge, and Riedmann and Bishop, Judges.

          BISHOP, JUDGE.

         Gail R. appeals from the decision of the separate juvenile court of Lancaster County ordering her to pay $50 per [27 Neb.App. 243] month in child support for her children living in foster care. We affirm.

         BACKGROUND

         Gail is the mother of five children who were removed from her home in May 2017. The juvenile court granted temporary custody of the children to the Nebraska Department of Health and Human Services (DHHS), and they were placed into foster care.

         The State filed a juvenile petition on May 19, 2017, alleging that the children were within the meaning of Neb. Rev. Stat. § 43-247(3)(a) (Reissue 2016) by reason of the faults or habits of Gail and/or because the children were in a situation dangerous to life or limb or injurious to their health or morals. The petition contained allegations of domestic violence, bodily injury to one of the children, and failure to provide a safe and stable home. The petition also included allegations against the two fathers of the children.

         The State filed a second amended petition on July 28, 2017, adding an allegation that a hair follicle test for one or more of the children yielded positive results for illegal substances and removing the allegation that Gail failed to provide a safe and stable home. Both the petition and the second amended petition asked the court to make such orders as deemed proper, including "ability and liability for child support" if the children were placed out of the parental home. Because neither father is at issue in this appeal, we will only discuss them as necessary.

         On October 10, 2017, one of the children was adjudicated to be within the meaning of § 43-247(3)(a) by reason of the faults or habits of that child's father and/or because that child was in a situation dangerous to life or limb or injurious to his health or morals. Although no adjudication order for the other four children or any adjudication order referencing the allegations against Gail appears in our ...


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