State v. Justine R.

Summary

The Nebraska Supreme Court reviewed a juvenile court adjudication finding three children to be abused or neglected under Neb. Rev. Stat. § 43-247(3)(a). The court held that allowing a child to testify in chambers, while permitting the parent’s counsel to cross-examine and providing the parent with near-real-time access to the testimony, did not violate due process. The court also concluded that the evidence was sufficient to establish sexual abuse by a preponderance of the evidence and affirmed the adjudication.

Holdings

1. A juvenile court may permit a child to testify in chambers outside a parent's physical presence when the State provides notice, the court conducts a separate hearing, and the State shows legitimate concerns regarding a risk of harm to the child; the procedures used here adequately protected Kevin's due process rights.
2. The allegations that Kevin sexually assaulted Stephanie were proved by a preponderance of the evidence, and the adjudication of all three children under § 43-247(3)(a) was proper.
3. The court did not decide the hearsay issue because the challenged testimony was cumulative and unnecessary to establish the sufficiency of the evidence.

Questions Presented

1. Whether allowing Stephanie to testify in chambers outside Kevin's physical presence violated Kevin's due process rights.
2. Whether the juvenile court properly adjudicated the children under Neb. Rev. Stat. § 43-247(3)(a) based on proof by a preponderance of the evidence that Kevin sexually assaulted Stephanie.
3. Whether Stephanie's statements to her therapist were properly admitted under the residual hearsay exception.

Disposition

affirmed