Major v. State

After Appellant was arrested for child abuse his daughter was placed in the custody of Washoe County Social Services (Social Services). The family court ordered Appellant to pay child support to Social Services. After Appellant pleaded guilty to one felony count of child abuse, Social Services sought restitution. Appellant objected to the amount sought by Social Services on the grounds that the family court had already entered a cost-of-care order. The district court ordered Appellant to pay restitution to Social Services, concluding that the family court’s order, which was based on Appellant’s ability to pay, did not affect the jurisdiction of the district court as to its criminal restitution order. The Supreme Court affirmed, holding that the district court has jurisdiction to impose restitution to the State for the cost of child care in child abuse cases where the family court has already imposed an obligation on the defendant for the costs of supporting the child, but the district court must offset the restitution amount by the amount of the support obligation imposed by the family court. View "Major v. State" on Justia Law