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In the Interest of K. L. H.

The juvenile court had jurisdiction over the deprivation action, even though the allegations were raised by the non-custodial parent, since there were unchallenged, valid allegations of deprivation and no evidence showed that the parents were engaged in a custody dispute prior to the instances of deprivation.

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The Douglas County Juvenile Court found K. L. H., a ten-year-old girl living with her mother, to be deprived, and awarded temporary custody of K. L. H. to her father and paternal grandmother. The mother appeals, arguing that the juvenile court did not have jurisdiction over the deprivation proceeding because it was brought by a non-custodial parent to obtain custody from a custodial parent. For reasons that follow, we affirm. K. L. H.’s parents were never married, and the father did not legitimate K. L. H., although he provided her support and had regular visits with her. She first came before the juvenile court on a truancy complaint because she had missed an excessive number of days from school. The father subsequently filed a deprivation petition in the juvenile court. He did not seek a change of custody in the petition, although he did file a petition for legitimation contemporaneously with the deprivation petition.

After a hearing,1 the juvenile court found that K. L. H. was deprived and awarded temporary custody of her to the father and paternal grandmother. The juvenile court’s order allowed the mother visitation and contemplated further review of the arrangement. The juvenile court based its finding of deprivation on the fact that K. L. H. had missed an excessive amount of school; that “she had an extended and extensive problem with hygiene, specifically with lice;” that she had been exposed to drug use by the mother; that the mother had knowingly permitted a registered sex offender to provide child care for K. L. H.; that an acquaintance of the mother’s was presently charged with attempted child molestation after getting into bed with K. L. H.; and that the mother was living with seven other individuals in a trailer.

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