In Interest of Hochstetler

339 N.W.2d 916, 215 Neb. 546, 1983 Neb. LEXIS 1308
CourtNebraska Supreme Court
DecidedNovember 4, 1983
Docket83-240
StatusPublished
Cited by3 cases

This text of 339 N.W.2d 916 (In Interest of Hochstetler) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Interest of Hochstetler, 339 N.W.2d 916, 215 Neb. 546, 1983 Neb. LEXIS 1308 (Neb. 1983).

Opinions

Caporale, J.

The principal issue presented by this appeal is whether, as articulated by the juvenile court judge, the State may interfere in the relationship between a mother and her children by virtue of the former’s eccentricity. The courts below have answered affirmatively. We conclude otherwise. We therefore reverse the judgment of the District Court which affirmed placement of custody by the juvenile court in the Nebraska Department of Public Welfare, with physical possession of the children in a foster home, and order the case dismissed.

In its third amended petition the State sought to terminate the parental rights of the appellant, Beverly J. (Pat) Hochstetler, based upon an allegation [547]*547that she was mentally ill within the meaning of then Neb. Rev. Stat. § 43-209(5) (Reissue 1978). That statute provided that parental rights may be terminated when such action is found to be in the best interests of the child and it appears that the parents are unable to discharge parental responsibilities because of mental illness or deficiency, and there are reasonable grounds to believe that such condition will continue for a prolonged, indeterminate period. The petition also alleged that the three Hochstetler children were within the definitions of then Neb. Rev. Stat. § 43-202(1) and (2)(b), (c), and (e) (Reissue 1978), and, therefore, their custody should be awarded to the Nebraska Department of Public Welfare under then Neb. Rev. Stat. § 43-208 (Reissue 1978). The aforesaid portions of then § 43-202, in pertinent part, provided: “The juvenile court in each county . . . shall have jurisdiction as follows:

“(1) Exclusive original jurisdiction as to any child under the age of eighteen years, who is homeless or destitute, or without proper support through no fault of his parent, guardian, or custodian;
“(2) Exclusive original jurisdiction as to any child under the age of eighteen years . . . (b) who lacks proper parental care by reason of the fault or habits of his parent, guardian, or custodian; (c) whose parent, guardian, or custodian neglects or refuses to provide proper or necessary subsistence, education, or other care necessary for the health, morals, or well-being of such child; ... or (e) who is in a situation or engages in an occupation dangerous to life or limb or injurious to the health or morals of such child.”

Then § 43-208 provided, among other things, that when a child under the age of 18 shall be adjudged to be one defined in subdivision (1) or (2) of § 43-202, such child may be committed to the care and custody of the Department of Public Welfare.

The courts below determined that although Mrs. Hochstetler did not fit the definition of then [548]*548§ 43-209(5), the children fell within the provisions of then § 43-202(2)(c) and (e).

In reviewing this matter we bear in mind that an appeal of a juvenile proceeding to this court is heard de novo upon the record, but that the findings of fact of the juvenile court will be accorded great weight because it both heard and observed the parties and witnesses. In re Interest of Spradlin, 214 Neb. 834, 336 N.W.2d 563 (1983); In re Interest of Fant, 214 Neb. 692, 335 N.W.2d 314 (1983); In re Interest of Spradlin, 210 Neb. 734, 317 N.W.2d 59 (1982).

By such a review we find the relevant facts to be that on May 8, 1981, Mrs. Hochstetler was arrested, charged, and eventually convicted of exercising control over property owned by another. ! Her conviction was affirmed by this court in State v. Hochstetler, 214 Neb. 482, 334 N.W.2d 455 (1983). In connection with her arrest she was held in jail for 20 days. During that time her children were taken into custody by the Department of Public Welfare. When Mrs. Hochstetler was released from jail on May 28, 1981, the Department of Public Welfare prepared to release the children to her. The three children, Jo Hannah (age 15 at the time), Christopher (then age 13), and John (then age 8), were brought from their foster home in Custer County to that county’s welfare office. Upon their arrival at that office the two older children expressed their unhappiness at the imminent reunion with their mother. On that basis a caseworker placed a telephone call to the Greeley County Court. The county judge, in his capacity as the juvenile judge, then directed that the children remain in the custody of the Department of Public Welfare. Subsequently, this action was commenced.

Mrs. Hochstetler is, to say the least, a highly eccentric person. Even her heritage is in dispute. She claims to be of Native American extraction of the Kwakiutl Tribe. She has so told her children and encouraged them to take pride in the fact. Her brother [549]*549testified that his sister’s claim of such heritage is not true. We are not certain whom to believe in this regard.

Mrs. Hochstetler has told her children that she was involved in military intelligence matters, operating as an agent active in foreign espionage. There is evidence that she has at various times claimed to have been imprisoned in the Soviet Union along with Boris Pasternak. At trial she testified that she had been employed with the military but refused to disclose details of that employment. She has told other persons that she owned and was tending a herd of buffalo. Such was not the case.

She has told her children that one Lester Hochstetler was their father and that he was killed in Vietnam. In 1975 or 1976 her two older children discovered that John Kinzie was their true father. They confronted their mother, who then admitted the truth of the matter.

Mrs. Hochstetler has claimed to her children to have some sort of supernatural powers, due to her Indian heritage, which give her the ability to repair television sets, ripple water, and change the color of objects by merely gazing at them.

Mrs. Hochstetler is a prime example of De Tocqueville’s characterization of the American people as a litigious one, and apparently is willing to institute legal proceedings against anyone she considers to have infringed upon her legal rights.

While the evidence is overwhelming that Mrs. Hochstetler is strikingly out of the ordinary, it is just as overwhelming that she has consistently attempted to discharge, and for the most part has succeeded in discharging, her duties as a parent to her three children.

Mrs. Hochstetler is permanently disabled and unable to work. She has supported her family on approximately $450 per month received from various governmental agencies, and food stamps. Except for a short time in 1979, after she was evicted, she [550]*550has provided her children with a home in which to live.

Testimony was elicited that occasionally, near the end of the month, the supply of food in her household would run short. However, there never was a time she or the children were without food.

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Related

State v. T.A.N.
407 N.W.2d 189 (Nebraska Supreme Court, 1987)
In Re Kln & Mjn
407 N.W.2d 189 (Nebraska Supreme Court, 1987)
In Interest of Hochstetler
339 N.W.2d 916 (Nebraska Supreme Court, 1983)

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Bluebook (online)
339 N.W.2d 916, 215 Neb. 546, 1983 Neb. LEXIS 1308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-interest-of-hochstetler-neb-1983.