A-20-0015, In re Interest of Ky’Ari J.: State v. Kwamayne J. (appellant)
Douglas County, Juvenile Court, Judge Christopher E. Kelly
Attorneys for Appellant: Thomas C. Riley and Mary Rose Donahue (Douglas County Public Defender’s Office)
Attorneys for Appellee: Donald W. Kleine and Anthony M. Hernandez (Douglas County Attorney’s Office), and Katherine Corwin (Senior Certified Law Clerk)
Juvenile Action: Termination of Parental Rights
Action Taken by Trial Court: Ky’Ari’s 3-month old sister became unresponsive without explanation while in Kwamayne’s care--Kwamayne is Ky’Ari’s father, but has not been established as the infant’s father. At the hospital, it was determined that the infant had a brain injury, a subdural hematoma, and retinal hemorrhages. A child abuse pediatrician diagnosed the infant with abusive head trauma. Because of the injuries sustained by the infant, the State filed an action to adjudicate Ky’Ari and terminate Kwamayne’s parental rights to Ky’Ari. After a trial, the juvenile court adjudicated Ky’Ari after finding that she was a child within the meaning of Neb. Rev. Stat. § 43-247(3)(a) (Reissue 2016). The juvenile court also terminated Kwamayne’s parental rights to Ky’Ari after finding that grounds for termination existed under Neb. Rev. Stat. § 43-292(2), (9), and (10) (Reissue 2016), and finding that termination was in Ky’Ari’s best interest.
Assignments of Error on Appeal: Kwamayne assigns the juvenile court erred when it: (1) adjudicated Ky’Ari because the State failed to prove by a preponderance of the evidence that Ky’Ari was within the meaning of § 43-247(3)(a); (2) terminated his parental rights because the State failed to prove by clear and convincing evidence that Ky’Ari was within the meaning of § 43-292(2), (9), and (10); and (3) terminated his parental rights because the State failed to prove by clear and convincing evidence that termination was in the best interests of Ky’Ari.