SUMMARY: Evidence that a mother failed to address her illegal drug use and that the child tested positive for PCP was sufficient to terminate a mother’s parental rights.
In January 2013, the State of Nebraska filed a supplemental petition after Na’Rodshae (DOB: January, 2013) tested positive for PCP at birth. At the time of Na’Rodshae’s birth, Naliesha had four other children, Adrian, Nyemia, Markell, and Faith, in an out-of-home placement for over two years. Naliesha voluntarily relinquished her parental rights to Na’Rodshae’s four siblings in February 2013. On July 26, 2013, Naliesha’s visits with Na’Rodshae were suspended after Naliesha and an unknown male removed Na’Rodshae from her foster home without authorization. At a hearing held September 3 and 26 and October 10, 2013, evidence was introduced that all five of Naliesha’s children became state wards due to Naliesha’s illegal drug use and none of the children had ever returned to Naliesha’s care. There was also testimony that, while Naliesha had appropriate housing and received monthly disability payments, she had never successfully completed substance abuse treatment and did not comply with drug testing. Service providers had repeatedly discharged Naliesha because of her noncompliance. In addition, Naliesha frequently missed visits or came late. Naliesha had been offered increased visits but declined them because they did not fit in her schedule. Though there were no safety concerns during supervised visits, the caseworker testified that Na’Rodshae would be at major risk of harm if returned to Naliesha’s care because Naliesha could not maintain her sobriety long enough to properly parent. Naliesha testified that she loved Na’Rodshae and was willing to do whatever it took to parent her. The juvenile court adjudicated Na’Rodshae and terminated Naliesha’s parental rights on October 10, 2013.
The Nebraska Court of appeals affirmed the termination. The State had presented clear and convincing evidence that Naliesha had substantially and continuously or repeatedly neglected to give Na’Rodshae or her siblings necessary parental care due to Naliesha’s illegal drug use. Naliesha was never able to reunify with any of her children and relinquished her rights to Na’Rodshae’s four siblings just one month after Na’Rodshae was born. Na’Rodshae tested positive for PCP at birth and had spent all of her life in foster care. Termination was in Na’Rodshae’s best interests because Naliesha’s noncompliance with services showed that she was not eager to reunify with.