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In re Interest of Josselynn E.

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Wednesday, April 10, 2013

A-12-0455, In re Interest of Josselynn E., State v. Evelyn M. and Robert E. (Appellants)

Buffalo County Court, sitting as a juvenile court, Judge Graten D. Beavers

Attorney for Appellant: Stephen G. Lowe

GAL for Appellant Mother: D. Brandon Brinegar

Attorney for Appellee Father: Vikki S. Stamm

Attorney for Appellee: Patrick M. Lee (County Attorney’s Office)

Civil Action: Termination of Parental Rights

Action taken by the trial court: The trial court found that grounds for termination existed under Neb. Rev. Stat.§ 43-292(2), (5), (6), and (7) and that termination was in the child’s best interests. The court terminated the parental rights of the mother and the father.

Mother’s Assignments of Error on Appeal:   Did the court err in finding the State proved grounds for termination under § 43-292 (2), (5), (6) and (7)?  Did the court err in finding reasonable efforts to reunify the family have failed to correct the conditions leading to the removal? Did the court err in finding that the juvenile had been in out of home placement for fifteen or more months of the most recent twenty two months and that the mother did not rehabilitate herself to a minimum level of fitness? Did the court err in determining that the termination of the mother’s parental rights would be in the child’s best interests? Were the findings of the trial court contrary to the evidence?

Father’s Assignments of Error on Appeal:  Did the trial court err in finding the father failed to rehabilitate himself from prior deficiencies? Did the court err in finding the father had a mental illness that prevented him from performing parental functions? Did the court err in terminating the father’s parental rights? Did the court err in finding the State preserved the family and provided services under Neb. Rev. Stat. § 43-283.07

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