State Ex Rel. Hermesmann v. Seyer

847 P.2d 1273 (1993)

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Nature of the Case

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Facts

M provided care for F as a babysitter or daycare provider during 1987 and 1988. The two began a sexual relationship at a time when M was 16 years old, and F was only 12. The relationship continued over a period of several months and the parties engaged in sexual intercourse on an average of a couple of times a week. A daughter, Melanie, was born \on May 30, 1989. At the time of the conception of the child, F was 13 years old, and M was 17. M applied for and received financial assistance through the Aid to Families with Dependent Children program (ADC). The district attorney's office filed a petition requesting that M be adjudicated as a juvenile offender for engaging in the act of sexual intercourse with a child under the age of 16. M plea bargained to a lesser offense. SRS filed a petition on behalf of M, alleging that F was the father of the child. The petition requested that the court determine paternity and order F to reimburse SRS for all assistance expended by SRS. The hearing officer further determined that F was not required to pay the birth expenses or any of the child support expenses up to the date of the hearing on December 17, 1991, but that F had a duty to support the child from the date of the hearing forward. The district judge, upon judicial review, determined that F owed a duty to support his child. The court ordered f to pay child support of $ 50 per month. The court also granted SRS a joint and several judgment against M and F in the amount of $ 7,068, for assistance provided by the ADC program on behalf of Melanie through February 1992. F appealed. The following issues were presented. Can a minor, who is a victim of the crime of indecent liberties with a child, be responsible for any children conceived of the criminal union? Is it sound public policy for a court to order child support when the order creates a clash of one minor's right to protection from being the victim of a crime with another minor's right to parental support? Can a judgment ordering joint and several liability for child support be an adequate remedy when it fails to account for the wrongdoing of M?