S-19-0164 In re Interest of Kaylin A. et al.
Douglas County Separate Juvenile Court, Judge Elizabeth Crnkovich
Attorneys: Mark Hanna (Douglas County Attorney’s Office, for Appellant) ---Joseph C. Bradley (for Appellee Kelli A.)
Civil: Dismissal of motion; Termination of parental rights
Proceedings below: The State filed a motion for termination of parental rights under Neb. Rev. Stat. § 43-292(5) and (7) alleging Appellee was unable discharge parental duties due to mental illness and that the children had been in out-of-home placement for fifteen of the most recent twenty-two months. After a hearing, the court dismissed the motion for lack of evidence.
Issues: The State alleges the trial court erred in 1) finding termination based solely on § 43-292(7) was insufficient even when coupled with best interests; 2) finding a lack of evidence that mental illness rendered the mother unable to discharge parental duties and such would continue for a prolonged indeterminate period.