In the Interest of J.G.

M.L. was the mother of five children, including J.W.G. and S.L. S.L informed M.L. and her father, B.L., that J.W.G. had touched her in an inappropriate sexual manner while she slept. M.L. and B.L. contacted law enforcement, who discovered that J.W.G. had also inappropriately touched another sister, J.P. J.W.G. was charged with unlawful sexual conduct and sexual assault on a child. Initially, J.W.G. stayed in the family home while the other children were relocated, but J.W.G. was later placed in a foster home by the Department of Human Services (department), and the other children returned home. The state (plaintiff) filed a dependency-and-neglect petition against M.L. and the children’s fathers (defendants), alleging that the children were neglected because they lacked proper parental care, they were domiciled without a parent through no fault of the parent, and their environment was injurious to their welfare. At the end of the jury trial, M.L. and the fathers objected to the proposed instructions, requesting in part that the jury find the children’s environment was injurious due to the acts or omissions of the parents. The state objected, pointing to the statutory language, which did not contain language regarding parental fault. The trial court agreed with the state and did not include the fault language. The jury answered yes to that question. Custody of J.W.G. was granted to the department, and the other four children remained with the parents under the department’s supervision. M.L. appealed, arguing again that the jury should have been required to find parental fault, and the court of appeals agreed. The state then appealed.