SUMMARY: Where the mother continued to have contact with the father who had committed acts of extreme domestic violence against her in the past and failed to comply with the case plan, termination of parental rights was proper.
Bianca, DOB 2/03, and Eternity, DOB 12/04, were removed from the parental home of Antonio and Victoria on February 9, 2005. Justice H., DOB 11/07, and Antonio Jr., DOB 10/08, were removed on later dates. There is a long history of severe violence by Antonio against Victoria since their relationship began in 2001. This includes Antonio punching, kicking and burning Victoria, threatening to kill one of her older children, strangling her with an extension cord, carving her body up with a key, breaking fingers and much else. Some of the violence was witnessed by the children, as shown in Bianca’s statements, drawings and aggressive behavior. Victoria presented to the caseworker her intent to leave Antonio, but this was later proven wrong as Victoria often visited Antonio in prison, spoke with him on the phone and named their youngest son after him. Antonio and Victoria were given supervised visitation which was later restricted to therapeutic visitation and eventually suspended on February 19, 2007, never to resume. Neither parent successfully completed any of the requirements in the rehabilitation plan, including individual therapy, finding employment and housing and protecting the children from exposure to domestic violence.
On November 21, 2007, the State filed an amended motion to terminate parental rights to Bianca and Eternity. On August 14, 2008, the State filed a petition to find Antonio Jr. within the meaning of N.R.S. 43-247(3)(a). On September 8, 2008, the State filed an amended motion to terminate parental rights as to Justice H. On September 23, 2009, the court terminated Victoria’s parental rights to Bianca and Eternity (Antonio’s were also terminated and the Court of Appeals affirmed link this to https://cip.nebraska.gov/articles/2010/03/30/in-re-interest-of-bianca-h-and-eternity-h-2/), adjudicated Justice H. within the meaning of N.R.S. 43-247(3)(a) and terminated Antonio and Victoria’s parental rights as to Justice, and adjudicated Antonio Jr. within the meaning of N.R.S. 43-247(3)(a). Separate appeals were filed as to Bianca and Eternity, Justice and Antonio Jr. This appeal pertains to the termination of Victoria’s parental rights to Bianca and Eternity.
The Nebraska Court of Appeals affirmed the termination of Victoria’s parental rights to Bianca and Eternity. The Court of Appeals reviewed the substantial amount of evidence showing that Victoria made little progress over several years toward ending her relationship with Antonio and completing the requirements of her case plan. Noting the testimony from the therapist that Bianca and Eternity need a structured and consistent environment and finding that placement with Victoria would likely continue to expose the children to domestic violence, the Court of Appeals found that it was in the children’s best interests that Victoria’s parental rights be terminated.