SUMMARY: Evidence establishing the mother’s repeated substance use, subsequent drug treatment programs and ongoing failure to provide stability for the children showed that termination was in the children’s best interests regardless of the loving relationship she had with them. The judge’s statements at the disposition hearing encouraging the mother to consider all options, including open adoption, did not prove that the outcome of the termination trial was unfair or partial.
Arica S., Angel S., Michael S. and Michaela S. are the children of Renee S., who has had a methamphetamine addiction for 20 years which has resulted from the children being removed from her care. The children were returned in January 2008 and the case closed in August 2008 but the children were removed again that month due to Renee’s relapse. Renee has been through many drug treatment facilities, which includes having completed inpatient treatment in April 2009 but relapsing in June and July 2009 and returning in September 2009. At trial, evidence was submitted regarding the negative impact of Renee’s conduct on the children’s stability and the positive impact a stable adoptive placement was making socially, behaviorally and academically. At trial, Renee stated she had only 2 witnesses but then requested a continuance at the end of trial for an additional witness, which the court denied. Following trial, the court terminated Renee’s parental rights and Renee appealed.
The Nebraska Court of Appeals affirmed the termination. It rejected Renee’s arguments that her due process was violated because the judge indicated at the disposition hearing that she should consider all options including open adoption or because the judge denied a continuance at trial. It noted that at that time the State already indicated it was filing additional pleadings and DHHS and the guardian ad litem had recommended the permanency goal be changed to adoption; therefore, the judge’s statements were reasonable. The Court of Appeals also concluded that termination was in the children’s best interests because of Renee’s long history with substance abuse and failure to provide stability even after multiple treatments.