SUMMARY: Termination of a mother’s parental rights was in the child’s best interest because the mother failed to meet case plan requirements, and the child had formed a positive relationship with a foster family willing to adopt. Further, signed reports prepared by caseworkers were acceptable and fundamentally fair forms of evidence for the termination proceedings.
Amanda was removed from her mother’s home in October 2003 and placed in continuous foster care until the termination proceedings. Amanda was removed based on her mother’s “drug abuse,…verbal abuse of Amanda…Amanda’s inconsistent schooling” and violent living situation. Caseworkers commented that Amanda’s mother failed to prove that she had “obtained safe and stable housing and a legal source of income,” as required by the case plan.
Since “Nebraska Evidence Rules do not apply to juvenile proceedings,” the reports prepared by caseworkers and service providers in the normal course of business and signed by the authors were “sufficient guarantees of trustworthiness to make consideration of the report fundamentally fair.”
Amanda’s mother continued to use marijuana and “never had a negative urinalysis test.” Amanda had been out of her mother’s home for over 25 months and visitation had “discontinued because of suspicions regarding her [Amanda’s mother’s] drinking and behavior.” Amanda also had a good relationship with her foster family and they were willing to adopt Amanda. Further, Amanda’s mother had not made any significant strides towards becoming a parent to Amanda. Since “children cannot, and should not, be suspended in foster care or be made to await uncertain parental maturity,” it was in Amanda’s best interests that her mother’s parental rights be terminated.