SUMMARY: The children’s repeated exposure by the parents to domestic violence is chronic abuse under the aggravated circumstances termination of parental rights ground of 43-292.
Julian and Peggy, the parents of Phillip, born in 1996, Angelina, born in 2000, Adriana, born in 2003, and Marciano, born in 2008, have been involved with the legal system since 2001. In August 2001, the children were removed after a party involving drug use and physical altercations between Julian and Peggy and others ended in Julian walking intoxicated down a highway with one-year-old Angelina. In July 2002, Peggy received a protection order against Julian but vacated it in November. In December, Julian was sentenced to 36-60 months for the assault, and he and Peggy resumed their relationship after his release. In September 2005, police were called to another violent altercation between Julian and Peggy, and in February 2006, Julian was arrested for drunk driving. Over the next three years, Julian and Peggy continued to have violent interactions, with Peggy leaving at times but eventually accepting Julian back. The children were usually present during the violence. During this 7-year period, the children were in DHHS custody and the family received numerous services including drug and alcohol evaluations, psychological evaluations, therapy, daycare, AA/NA classes, parenting classes, visitation, intensive family preservation services, transportation, and household financial assistance. On October 11, 2011, the State filed a motion to terminate Julian’s and Peggy’s parental rights, and trial was held on January 9 and 20, 2012.
Angelina testified to Julian’s aggressive behavior and stated she didn’t want to live with him. The children’s therapist testified that Phillip was “incredibly angry” due to his parents’ behaviors. She connected Phillip’s behaviors – violence toward small children, threats against school personnel – with the family history of violence and testified that returning him to the home would traumatize him. The therapist noted that Angelina wanted no further contact with her parents, which was consistent with chronic and ongoing severe abuse or trauma. She also testified that while Adriana showed no signs of traumatization, returning her home would put her in the cycle of violence which may cause her to emulate those behaviors. The therapist then testified on the impact of chronic exposure to domestic violence on children – that they are more likely to suffer from depression, anger, criminal activity and substance abuse, that they learn maladaptive ways to deal with stress and relationships, that they are likely to perpetuate relationships between the victim and abuser. The DHHS supervisor and caseworker testified to Julian’s resistant behavior and inability to acknowledge any fault. Julian then testified that he did not physically discipline the children and that there was no need to address domestic violence issues in his relationship with Peggy. Peggy showed up to the second day of trial with a black eye, which she stated was inflicted by Julian. On February 29, 2012, the court terminated Julian’s parental rights to the children under the aggravated circumstances ground, in part noting his 10-year history of incidents and his “astonishing absence” of accountability. Julian appealed.
The Nebraska Court of Appeals affirmed the termination of parental rights. It noted that 43-292(9) provides for termination when there are aggravated circumstances including, “abandonment, torture, chronic abuse or sexual abuse” and that it must be so severe or repetitive that an attempt to reunify would compromise the children’s safety and put them at unreasonable risk. In this case, the Court held that the evidence clearly and convincingly established that the children’s continual exposure to domestic violence was chronic abuse under the aggravated circumstances ground based on the psychological damage the repeated domestic violence has done to Phillip and Angelina. It noted Julian’s refusal to acknowledge any problems or accept services, the family’s minimal progress over 89 months of DHHS involvement, the parents’ blaming of the children for their problems and the damage returning home would cause to the children in affirming the termination of parental rights.