In re Interest of Trevor S.

Nebraska Court of Appeals·Decided August 4, 2026·No. A-25-811·Published

Opinion

Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 08/04/2026 08:15 AM CDT

- 412 - Nebraska Court of Appeals Advance Sheets 34 Nebraska Appellate Reports IN RE INTEREST OF TREVOR S. ET AL. Cite as 34 Neb. App. 412

In re Interest of Trevor S., Jr., et al., children under 18 years of age. State of Nebraska, appellee and cross-appellee, v. Trevor S., Sr., appellant, and Chyna B., appellee and cross-appellant. ___ N.W.3d ___

Filed August 4, 2026. No. A-25-811.

1. Juvenile Courts: Appeal and Error. An appellate court reviews juve- nile cases de novo on the record and reaches its conclusions indepen- dently of the juvenile court’s findings. 2. Rules of Evidence: Hearsay. A declarant’s out-of-court statement offered for the truth of the matter asserted is inadmissible unless it falls within a definitional exclusion or statutory exception. 3. ____: ____. Neb. Evid. R. 803(4), Neb. Rev. Stat. § 27-803(4) (Cum. Supp. 2024), is based on the notion that a person seeking medical atten- tion will give a truthful account of the history and current status of his or her condition in order to ensure proper treatment. 4. ____: ____. Whether a statement was both taken and given in contem- plation of medical diagnosis or treatment is a factual finding in deter- mining the admissibility of the evidence under Neb. Evid. R. 803(4), Neb. Rev. Stat. § 27-803(4) (Cum. Supp. 2024). 5. Rules of Evidence: Hearsay: Proof. Statements having a dual medical and investigatory purpose are admissible under Neb. Evid. R. 803(4), Neb. Rev. Stat. § 27-803(4) (Cum. Supp. 2024), only if the proponent of the statements demonstrates that (1) the declarant’s purpose in mak- ing the statements was to assist in the provision of medical diagnosis or treatment and (2) the statements were of a nature reasonably pertinent to medical diagnosis or treatment by a medical professional. 6. Juvenile Courts: Jurisdiction: Parental Rights. The purpose of the adjudication phase is to protect the interests of the child. The parents’ - 413 - Nebraska Court of Appeals Advance Sheets 34 Nebraska Appellate Reports IN RE INTEREST OF TREVOR S. ET AL. Cite as 34 Neb. App. 412

rights are determined at the dispositional phase, not at the adjudica- tion phase. 7. Juvenile Courts: Jurisdiction: Proof. At the adjudication stage, in order for a juvenile court to assume jurisdiction of minor children under Neb. Rev. Stat. § 43-247(3)(a) (Cum. Supp. 2024), the State must prove the allegations of the petition by a preponderance of the evidence. 8. Juvenile Courts: Parental Rights: Words and Phrases. “Proper parental care” under Neb. Rev. Stat. § 43-247(3)(a) (Cum. Supp. 2024) includes providing a home, support, subsistence, education, and other care necessary for the health, morals, and well-being of the child. It commands that the child not be placed in situations dangerous to life or limb, and not be permitted to engage in activities injurious to his or her health or morals.

Appeal from the Separate Juvenile Court of Douglas County: Mary M.Z. Stevens, Judge. Affirmed. Nicholas E. Wurth, of Law Offices of Nicholas E. Wurth, for appellant. Hailey Russell, Deputy Douglas County Attorney, for appel- lee State of Nebraska. Thomas C. Riley, Douglas County Public Defender, and Nicole J. Tegtmeier for appellee Chyna B. Riedmann, Chief Judge, and Bishop and Freeman, Judges. Riedmann, Chief Judge. I. INTRODUCTION Trevor S., Sr., appeals, and Chyna B. cross-appeals, the order of the separate juvenile court of Douglas County adju- dicating their eight children. Finding no error, we affirm the order of the juvenile court. II. BACKGROUND 1. Removal of Children On April 22, 2025, law enforcement was dispatched to a library in Omaha, Nebraska, due to reports that there were children in a van in the parking lot and it was unknown if - 414 - Nebraska Court of Appeals Advance Sheets 34 Nebraska Appellate Reports IN RE INTEREST OF TREVOR S. ET AL. Cite as 34 Neb. App. 412

they were homeless or had slept in the van overnight. The windows of the van were covered with blankets, and an offi- cer made contact with Trevor. Trevor confirmed his wife and children were in the vehicle, stating that they were not from Nebraska but had been there for about a week. Trevor informed officers that the family was driving to another state but had stayed in Omaha the night before because their teenage son had run away. At the time officers contacted the family, there were seven remaining children in the van. The children’s ages ranged from 1 to 13 years old. There was a smell of “bad body odor,” and some of the chil- dren had dirty clothing, matted hair, and teeth that appeared rotted. Officers learned that Trevor S., Jr. (Trevor Jr.), was the child that had run away. Officers did not observe car seats in the van, and at least three of the children required car seats. Trevor was arrested for child neglect and for a warrant on a charge from Lancaster County. When searched, officers located methamphetamine on Trevor’s person. Chyna was arrested for child neglect. The children were removed from Trevor’s and Chyna’s care. 2. Medical Examinations and Forensic Interviews Some of the children had medical examinations after being removed from Trevor’s and Chyna’s custody, and some were forensically interviewed. The examinations occurred shortly after the children were removed from Trevor’s and Chyna’s custody, but the forensic interviews happened months later. Trevor Jr., born in May 2010, had a physical examination on April 29, 2025, and was forensically interviewed on July 7. Aylah S., born in October 2011, had a physical examina- tion on April 29, 2025, and was forensically interviewed on July 7. Aaneiyah S., born in September 2012, was forensically interviewed on July 7, 2025. Thai S., born in April 2018, had a medical examination on May 2, 2025, and was forensi- cally interviewed on June 6. Aa’ziyahn S., born in January - 415 - Nebraska Court of Appeals Advance Sheets 34 Nebraska Appellate Reports IN RE INTEREST OF TREVOR S. ET AL. Cite as 34 Neb. App. 412

2021, was medically examined on May 2, 2025. The medical examinations revealed that Thai and Aa’ziyahn had “pretty significant dental decay.” Several of Thai’s molars were rot- ted badly enough that they looked broken. Thai also had a speech impediment. Trevor Jr. had cavities. Makenzie Mantz forensically interviewed four of the chil- dren. When Mantz conducts interviews, she and a member of the medical staff will introduce themselves to the child prior to the interview. During their interviews, the children were told that they may have a medical examination after the interview and that what they discussed in the interview would be shared with a nurse to help with the examination. The children agreed to tell the truth, although Trevor Jr. stated there were two specific topics that he would not be honest about. Mantz told Trevor Jr. that if it was hard to tell the truth about something then he should tell her and they would discuss it. After the interviews, Trevor Jr. declined to have a medical examination, but he had not informed Mantz that he was going to decline during the interview. Thai did not receive a medical examination after his interview because the medical provider determined that nothing new was shared in the forensic interview. Both Aylah and Aaneiyah had medical examinations after their forensic interviews.

Free access — add to your briefcase to read the full text and ask questions with AI

In re Interest of Trevor S., (Neb. Ct. App. 2026).

In re Interest of Trevor S. (In re Interest of Trevor S.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In re Interest of Jeremy U.
304 Neb. 734 (Nebraska Supreme Court, 2020)
In re Interest of Prince R.
308 Neb. 415 (Nebraska Supreme Court, 2021)
In re Interest of Xandria P.
973 N.W.2d 692 (Nebraska Supreme Court, 2022)