Appeal from a judgment of conviction, pursuant to a guilty plea, of child abuse. Second Judicial District Court, Washoe County; Connie J. Steinheimer, Judge.
Jeremy T. Bosler, Public Defender, and John Reese Petty, Chief Deputy Public Defender, Washoe County, for Appellant.
Catherine Cortez Masto, Attorney General, Carson City; Richard A. Gammick, District Attorney, and Jennifer P. Noble, Deputy District Attorney, Washoe County, for Respondent.
BEFORE PICKERING, PARRAGUIRRE and SAITTA, JJ.
In this appeal, we consider whether a district court has jurisdiction to impose restitution to the State for the cost of child care in a child abuse case where a family court has already imposed an obligation on the defendant for the costs of supporting the child. We conclude that the district court has jurisdiction to impose such restitution but that the district court must offset the restitution amount by the amount of the support obligation imposed by the family court.
The State placed appellant Larry Major's daughter in the custody of Washoe County Social Services (Social Services) following his 2012 arrest for child abuse. A family court hearing master ordered Major to pay child support in the amount of $100 per month directly to Social Services. A family court district judge affirmed that order. The child was in the care of Social Services for approximately seven months.
Major entered a guilty plea to one felony count of child abuse. Social Services sought restitution in the amount of $20,362.07. Ida Peeks, a fiscal compliance officer for Social Services, testified that Social Services based this amount on the amount it charges other agencies for the cost of care provided to children placed in Kids Kottage, where Social Services housed Major's daughter. Social Services bases this rate on the costs of running Kids Kottage, including overhead and salaries. Peeks also testified that Social Services may receive reimbursement for the cost of care from the federal government for children who meet certain eligibility requirements. Peeks did not know whether Major's daughter met these requirements or if Social Services received any reimbursement for her care.
Major objected to the amount sought by Social Services on the basis that the family court had already entered a cost-of-care order. Following oral argument on the issue, the district court concluded that the family court's order, which was based on Major's ability to pay, did not affect the jurisdiction of the district court as to its criminal restitution order. Accordingly, the district court ordered Major to pay restitution to Social Services in the amount of $19,662.07. This amount reflected an offset of $700 for the amount Major incurred from the support obligation imposed by the family court. Major now brings this appeal.
On appeal, Major argues that: (1) the district court lacked jurisdiction to order him to pay restitution for the total cost of his daughter's care because the family court previously ordered him to pay $100 per month for the cost of care; and (2) if the district court had jurisdiction, ...