In re Interest of Andrea J.

SUMMARY: Termination of the father’s parental rights was proper given the length of time in foster care and the absence of the father from the majority of the child’s life. 

The child, Andrea J. (DOB 8/13/95), was removed from the mother’s home in August 2003. Andre is the father of Andrea. She has remained in DHHS care since that time. Andre lived with Andrea and the mother for the first 2 years of Andrea’s life and in 1997 moved to South Dakota. In 1997, he was arrested for robbery, burglary, theft and assault and sentenced to 18 years in prison. Andre was not notified of the removal or adjudication. On March 22, 2007, Andre was released from prison and placed on parole. On July 10, 2007, the State filed a petition to terminate parental rights pursuant to the aggravated circumstances provision of 43-292(9) as it pertains to abandonment. At trial, evidence was received that the DHHS caseworker knew Andre was in prison in South Dakota but did not notify him. There was additional evidence about the amount of knowledge Andre had, both through his contacts with Andrea’s mother and his mother, and the amount of contact he had with Andrea. Andrea’s therapist testified that Andrea did not know her father and recommended that Andre’s rights be terminated due to his failure to nurture and provide consistency to Andrea. Andre testified that he sent cards and letters to Andrea in prison and that he knew Andrea was in foster care. After trial, the court terminated Andre’s parental rights. Andre appealed, challenging the termination and alleging violation of due process due to the failure to notify.

The Court of Appeals affirmed the court’s decision. It held that Andre was not a custodial parent of Andrea and therefore had no right to be served with a summons under N.R.S. 43-263 in regards to adjudication, and that his due process claim was without merit. Regarding the statutory grounds for termination under 43-292(9), the Court of Appeals used caselaw pertaining to abandonment under 43-292(1) and found that Andre, in the 6 months prior to the filing of the TPR petition, made little effort to connect with Andrea and in fact had little contact with Andrea during the entirety of her life, even when given the opportunity. Given this prolonged abandonment and the resulting effects including the fact that Andrea does not identify him as her father, the statutory basis under 43-292(9) was established, reasonable efforts were not required pursuant to 43-283.01, and it was in Andrea’s best interests that Andre’s parental rights be terminated.