SUMMARY: Termination of parental rights was proper where the mother consistently failed to comply with court orders, including failing to consistently attend family therapy and visits with the children, not obtaining safe and stable housing and failing to secure employment.
Akol M., DOB 6/98, Amuk M., DOB 2/01, and Tong M., DOB 1/02, were removed from the mother’s home in September and November 2008, based on the mother’s failure to provide HIV medicine to Akol causing a failure to thrive and because of inappropriate discipline with Amuk and Tong. On February 13, 2009, the mother, Nyarout, was ordered to maintain safe and stable housing, obtain legal income, complete a psychological evaluation, participate in parenting education, participate in ESL classes, cooperate with visitation and family support workers and submit to random drug testing.
A family support worker was assigned to the family for 35 hours per week prior to the children’s removal. The family support worker assisted Nyarout with immigration paperwork, finding employment, assisting with nutrition for Akol, completing a psychological evaluation, attending ESL classes and finding housing. This included transporting Nyarout to various housing assistance complexes; however, Nyarout was either denied housing or she refused to live in the complex due to its rules. Nyarout did not consistently attend visits and, when she did attend, would often fall asleep or not engage with the children. After missing about 40% of visits, visits were reduced on only Saturdays. Nyarout also failed to consistent attend individual therapy and was discharged. The family support worker assisted Nyarout with finding employment but few applications were actually submitted because Nyarout did not use her time effectively and was often talking on the phone. The State filed a motion to terminate Nyarout’s parental rights and after trial ending on May 22, 2011, the court terminated her parental rights. Nyarout appealed.
The Nebraska Court of Appeals affirmed the termination of parental rights. After finding that the children had been out of the mother’s home for more than 15 of the past 22 months, the Court of Appeals found that although many services were provided to Nyarout she failed to make sufficient progress. It acknowledged that Nyarout completed parenting education and obtained her green card but found that she was unable to fulfill the court’s other requirements, including consistently attending visits, finding employment, obtaining housing, attending therapy and completing an ESL course. The Court of Appeals finally noted that the children are being negatively affected by Nyarout’s inability to show commitment to attending therapy and making time to visit with them.