Children Under 18 Years of Age. State v. Gail R. (In re Cayden R.)

929 N.W.2d 913, 27 Neb. Ct. App. 242
CourtNebraska Court of Appeals
DecidedMay 14, 2019
DocketNo. A-18-817.
StatusPublished

This text of 929 N.W.2d 913 (Children Under 18 Years of Age. State v. Gail R. (In re Cayden R.)) is published on Counsel Stack Legal Research, covering Nebraska Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Children Under 18 Years of Age. State v. Gail R. (In re Cayden R.), 929 N.W.2d 913, 27 Neb. Ct. App. 242 (Neb. Ct. App. 2019).

Opinion

Bishop, Judge.

*914Gail R. appeals from the decision of the separate juvenile court of Lancaster County ordering her to pay $ 50 per *243month 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 record, the parties and the juvenile court proceeded as if there was one, and no one argues otherwise in this appeal.

*244On February 12, 2018, the juvenile court entered an order referring the juvenile case to a child support referee "for the purpose of findings and recommendations regarding the establishment of child support to be paid by ... Gail" for the support of her five children in the case.

*915A hearing before the child support referee was held on March 21, 2018. At the hearing, the State informed the referee of its understanding that there was a court order for Gail to attend inpatient treatment for substance abuse and that "she's simply waiting for a bed." The State explained, "[B]ecause of that order, the State is simply asking for a bare minimum order, $ 50 a month, to begin April 1st of 2018, with one month of retroactive support representing the month of March."

The State's child support calculation was received into evidence for informational purposes; the calculation used a total monthly income of $ 0 for both Gail and DHHS, and suggested a monthly share of $ 50 per month for Gail. The State's "Cost of Care Affidavit" was received into evidence, and it states that DHHS was paying $ 267.68 per day for the out-of-home care for Gail's five children. A juvenile court order from February 12, 2018, was also received into evidence and states, in part, that Gail was ordered to maintain employment or other legal means of support for herself and her children, maintain a safe and stable home environment for herself and her minor children, maintain contact with DHHS and inform the case manager of any change to her address or telephone number within 48 hours of such change, have supervised visitation with her children a minimum of one time per week, attend and cooperate with individual and/or group counseling to address her "history of interpersonal violence" and the effects on the children who have been exposed to violence in the home environment, cooperate with short-term residential treatment for substance abuse and follow all recommendations, and cooperate with family support services.

Gail testified that her five children lived with her until May 2017 and that since that time, they have been in two foster *245homes and a "kinship home." Gail had been ordered by the juvenile court to attend treatment for substance abuse. She was currently attending outpatient treatment twice a week, for 1 hour each time, and was waiting for an inpatient room; once there was an opening in inpatient treatment, Gail believed treatment would take 6 weeks, but she did not know for sure. Gail also had court-ordered visitation with the children and attended a domestic abuse class, "[s]o my time is kind of spread." She stated that she started with five visits per week and was "down to two"; she is required to provide food for her children during visits and to make sure that her youngest child has a "diaper change." She also stated that her domestic abuse class was once a week for 1½ hours.

At the time of the hearing, Gail did not have a permanent residence, but she was "looking into housing." She affirmed that she did not have any money for application fees or deposits for an apartment or a house. She denied having any other assets she could use to obtain housing. She did have a vehicle, but it was not insured.

Gail was court ordered to maintain employment and was currently seeking employment. When asked if she believed she had a duty to support her children, Gail responded, "I do, but my role is to be the homemaker, the caregiver," so "I'm not familiar with the full-time work." Gail acknowledged that when the children lived with her, she was a stay-at-home mother. But she "usually ... tried to hold a part-time job" when she could. She worked part time for 6 weeks in 2017, starting at $ 11 per hour "and then it bounced up to 14 for two weeks." When asked why she was not working at that job anymore, Gail responded, "Because of the whole - the court system, actually. I found out that they'd took my kids two days before I went to work on Monday. So, I had a rough Monday *916and it just - it fell apart." She said she voluntarily left that job "so I wouldn't get fired." Gail has a high school degree but no further education or specialized training. She acknowledged that she did not have any disabilities that would keep her from working. *246The child support referee filed a report on March 27, 2018. The report notes that the parties disagreed about the applicability of the Nebraska Child Support Guidelines to the present case; however, the referee, citing to a Nebraska statute and case law, found the guidelines applicable.

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Related

In Interest of Tamika S.
529 N.W.2d 147 (Nebraska Court of Appeals, 1995)
State, Department of Social Services v. Kevin T.
546 N.W.2d 77 (Nebraska Court of Appeals, 1996)
In re Interest of Isabel P.
875 N.W.2d 848 (Nebraska Supreme Court, 2016)

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Bluebook (online)
929 N.W.2d 913, 27 Neb. Ct. App. 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/children-under-18-years-of-age-state-v-gail-r-in-re-cayden-r-nebctapp-2019.