A-22-158, In re Interest of Zoey W.
Otoe County, County Court sitting as Juvenile Court, Judge David J. Partsch
Attorney for Appellant Father: Timothy S. Noerrlinger (Naylor & Rappl Law Office)
Attorney for Appellee State: Seth W. Hawkins (Deputy Otoe County Attorney)
Guardian Ad Litem: Diane L. Merwin (Fankhauser, Nelsen, Werts, Ziskey & Merwin, P.C., L.L.O.)
Juvenile Action: Termination of Parental Rights
Action Taken by Trial Court: Casey W. is the biological father of Zoey W., born in 2019. In October 2020, Zoey was abandoned at a Nebraska hospital by her mother. At the time, Casey was in jail in Kansas, but he was subsequently released. In August 2021, Zoey was adjudicated to be within the meaning of Neb. Rev. Stat. § 43-247(3)(a) (Reissue 2016) based on admissions made by Casey. Casey began working with service providers to complete court ordered requirements. Casey also had visitation with Zoey that began as supervised and then progressed to monitored. The Department of Health and Human Services recommended increasing visitation; however, the guardian ad litem opposed the recommendation. In February 2022, the State filed a motion to terminate Casey’s parental rights to Zoey pursuant to Neb. Rev. Stat. § 43-292(2), (6), and (7) (Reissue 2016). Following a hearing in August 2022, the juvenile court entered an order in January 2023 finding that statutory grounds for terminating Casey’s parental rights to Zoey existed pursuant to § 43-292(2), (6), and (7). The court terminated Casey’s parental rights, finding that Casey was unfit and that termination was in Zoey’s best interests.
Assignments of Error on Appeal: Casey assigns that the juvenile court erred by finding by clear and convincing evidence that termination of his parental rights was in Zoey’s best interests.