SUMMARY: Termination of parental rights after child’s birth was proper where the mother had same functional impairments as she did when she lost the first of 3 prior children 4 years earlier.
Bruce N., DOB 9/10, was removed at birth from the mother, Deaada, on the basis that 3 prior children born in 2007, 2008 and 2009 were removed with eventual voluntary relinquishments. On October 1, 2010, the State filed a petition to terminate Deaada’s parental rights to Bruce. Trial was held in March 2011 where evidence was presented that Deaada had difficulty understanding proper parenting techniques, like bottlefeeding, and normal development. Deaada was diagnosed with several mental disorders including schizophrenia and the diagnosing psychiatrist testified that a proposed case plan would take at least 18 months to complete and that the prognosis was poor in part due to her denial of having mental health problems. During the cases with Deeada’s prior children, Deeada was offered many services recommended by several evaluations but made poor progress and eventually relinquished her rights. Deaada had also been resistant to caseworkers and services in both the earlier cases and Bruce’s case. She did not take responsibility for her actions, was banned from homeless shelters, and was unemployed. After trial, the court terminated Deaada’s parental rights pursuant to N.R.S. 43-292(2) and (5). Deaada appealed, arguing that she should have been given more time to work on a rehabilitation plan to improve her functioning.
The Nebraska Court of Appeals affirmed the termination of parental rights. It noted that Deaada has suffered from mental illness for many years, that it has resulted in losing custody of 3 prior children and that she has not made progress in addressing her illness but rather has the same functioning impairments that led to the removal of her other children. Combining that with Deaada’s instability, resistance to assistance and minimization of the problems, the Court of Appeals found that termination was in Bruce’s best interests.