In re Interest of Cayden R. et al., children under 18 years of age.
Gail R., appellant. State of Nebraska, appellee,
Juvenile Courts: Appeal and Error. An
appellate court reviews juvenile cases de novo on the record
and reaches a conclusion independently of the juvenile
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.
Child Support: Rules of the Supreme Court.
The Nebraska Child Support Guidelines apply in juvenile cases
where child support is ordered.
from the Separate Juvenile Court of Lancaster County: Linda
S. Porter, Judge. Affirmed.
Wroblewski, of Legal Aid of Nebraska, for appellant.
Patrick F. Condon, Lancaster County Attorney, and Anna Marx
Chief Judge, and Riedmann and Bishop, Judges.
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.
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.
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.
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.
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