In re Justine J.
Annotate this CaseShawna was the biological mother of two girls and two boys, all of whom were under fifteen years old. After an amended petition was filed by the State, the juvenile court found that all four children were within Neb. Rev. Stat. 43-247(3)(a) due to the faults and habits of Shawna and her husband and ordered the children to remain in the temporary care of the Nebraska Department of Health and Human Services for placement. Shawna challenged only the juvenile court's adjudication of her two sons, arguing that because the boys were not residing with her, they were not at risk of harm and did not fall within the meaning of section 435-247(3)(a). The Supreme Court reversed the judgment of the juvenile court pertaining to the two boys, holding that there was insufficient evidence to warrant an adjudication of the boys.
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