Background
Nyachang D. is the mother of Nayomi D., born in 2014, and Nyema D., born in 2022. In March 2025, Nayomi told school officials and police that her mother had pushed her down and punched her more than 15 times after she was suspended from school. School personnel and an officer observed extensive bruising on Nayomi’s arm, shoulder, and upper back. Nyachang admitted hitting Nayomi once on the arm but denied repeatedly punching her.
The State alleged that both children lacked proper parental care and were in a dangerous or injurious situation under Neb. Rev. Stat. § 43-247(3)(a). After a contested hearing, the juvenile court credited Nayomi’s testimony, found the allegations proved by a preponderance of the evidence, and adjudicated both children. Nyachang appealed pro se, challenging the evidence and asserting ineffective assistance of counsel and a denial of due process.
The Court’s Holding
Because Nyachang’s appellate brief did not satisfy Nebraska’s briefing and service rules, the Court of Appeals exercised its discretion to review the proceedings only for plain error. It found none and affirmed the adjudication. Nayomi’s testimony, the photographs and witnesses’ descriptions of her bruises, and Nyachang’s admission that she hit Nayomi supported the finding that Nayomi lacked proper parental care or faced conditions dangerous or injurious to her.
The court also found no plain error in adjudicating Nyema, even though there was no evidence that Nyachang had struck her. Physical abuse of one child placed the younger and more vulnerable child at a definite risk of future harm. The court further held that ineffective assistance of counsel is not an available claim in this juvenile adjudication proceeding and found no due-process violation. The record showed that Nyachang had notice, counsel, an impartial hearing, an opportunity to confront the State’s witnesses, and the ability to present evidence through four defense witnesses; nothing in the record established that she was prevented from testifying.
Key Takeaways
- A parent’s failure to comply with appellate briefing and service rules may limit review to plain error, even when the parent proceeds pro se.
- Evidence that a parent physically abused one child can support adjudication of another, uninjured child when the conduct creates a definite risk of future harm.
- Ineffective assistance of counsel is not an available claim in this juvenile adjudication context, although the proceeding must satisfy procedural due process.
Why It Matters
The decision confirms that Nebraska juvenile courts need not wait until every child in a household is physically harmed before exercising jurisdiction. Serious physical abuse of one child may establish a sufficient prospective risk to a younger, more vulnerable sibling.
It also underscores the consequences of deficient appellate filings. Pro se parties are held to the same procedural standards as represented parties, and failures involving required brief sections or service can sharply narrow appellate review.