SUMMARY: Sufficient evidence supported finding the mother caused the death of her child’s sibling and terminating the mother’s parental rights, though there was never a criminal conviction.
The State filed a petition on January 24, 2003 to adjudicate Anthony, and filed a motion on April 30, 2003 seeking to terminate Kirsten’s parental rights. At the termination hearing, there was evidence that on November 1, 2002, Kirsten took Brian, her younger son, to the hospital because she found him unresponsive in his crib following a nap. Brian was pronounced dead shortly after arriving at the hospital. The emergency room physician who treated Brian testified that he suspected Brian had died due to shaken baby syndrome; a later autopsy confirmed this diagnosis. There was also testimony that Kirsten admitted to shaking Brian for three or four minutes, though Kirsten later denied ever shaking him and stated she had been tricked into saying she had. There was also evidence that Kirsten was the only one who was with her two children on the morning of November 1. Caseworkers noted that Kirsten had reported domestic violence with Anthony’s father, Jose. Kirsten has never been convicted for any crime in connection with Brian’s death. The court found by clear and convincing evidence that Kirsten had committed murder or manslaughter of Brian, and terminated her parental rights as to Anthony.
The Nebraska Court of Appeals affirmed the termination of parental rights. The court first noted that the standard of proof in a termination of parental rights hearing is clear and convincing evidence, and held that this standard also applied to the statutory provision allowing for termination of parental rights when the parent has committed murder or voluntary manslaughter of another child of the parent. Here, there was clear and convincing evidence that Kirsten caused the death of Brian, and evidence that the termination of parental rights was in Anthony’s best interests, so the termination was proper.