Nevada family-law case summaries

After Larry Major was arrested in 2012 for child abuse, the State placed his daughter in the custody of Washoe County Social Services, which housed her at a facility called Kids Kottage for about seven months. Two different courts then got involved in the question of who pays for her care. First, a family court ordered Major to pay child support of $100 per month directly to Social Services. Later, after Major pleaded guilty to one felony count of child abuse, the criminal court (the district court) was asked to order restitution - a payment a convicted defendant makes to compensate a crime victim for costs caused by the crime. Social Services asked for $20,362.07, based on the rate it charges other agencies for care at Kids Kottage. Major objected. His main argument was that because the family court had already told him what to pay for his daughter's care, the criminal court had no authority - no "jurisdiction" - to order a much larger payment for the same thing. The district court disagreed and ordered restitution of $19,662.07, which was the amount Social Services sought minus a $700 credit for what Major owed under the family court's support order over the seven months. The Nevada Supreme Court affirmed. It explained that the two orders serve different purposes and come from different sources of authority. Family courts handle child support, which is calculated from a parent's income and is designed to keep a child out of poverty. But only a criminal sentencing court has the statutory power to award restitution to a crime victim - and the family court had no power to compensate the State for the costs Major's criminal acts imposed on it. Because the two obligations overlapped for the same seven months of care, however, the court noted with approval that the district court subtracted the $700 support obligation from the restitution figure. The Supreme Court held that the district court had jurisdiction to award restitution to the extent its order did not overlap with the existing family court support obligation. Major also argued that the restitution amount was not properly proven, in part because Social Services might have received federal reimbursement of up to 56 percent of the cost of care for eligible children. A Social Services fiscal compliance officer, Ida Peeks, testified about how the rate was calculated but did not know whether Major's daughter qualified for that reimbursement or whether any was received. The Supreme Court found the evidence sufficient, noting that Major made no showing that a reimbursement was actually received and that the district court required Social Services to notify it if a reimbursement came in, so the restitution order could be revised. The judgment of conviction was affirmed.