SUMMARY: The juvenile court’s denial of a motion for therapeutic visitation was warranted when the evidence showed that the mother had disappeared for two years and had not corrected her substance abuse. In addition, termination of the mother’s parental rights was proper, despite evidence that the mother had made some progress in addressing her substance abuse immediately before the termination hearing.
After receiving an intake reporting marijuana use in the presence of children on April 10, 2009, law enforcement officers visited Michelle’s home to check on the welfare of her three children, Christian (DOB: 9/2005), Raina (DOB: 8/2006), and Caleb (DOB: 11/2008). Law enforcement officers observed signs of a party and a domestic dispute, and found marijuana in the home; the three children were removed from the home. Separate petitions were filed on April 13, 2009, and the children were adjudicated on July 31, 2009. Michelle consistently attended visits with the children until February, 2010, and the visits completely stopped after April 15, 2010. After nearly two years without any contact, Michelle filed a motion for supervised therapeutic visitation. At a hearing on the motion that was held March 13, 2012, testimony was introduced that showed that Michelle had not had any contact with her children for 23 consecutive months. Michelle testified that she knew she needed to get clean, but was still using marijuana daily and had not attended any counseling. Michelle’s motion was denied. The State filed motions to terminate Michelle’s parental rights to Caleb, Christian, and Raina on February 27, 2012, and a termination hearing was held on October 16, 2012. Testimony at the hearing demonstrated that Michelle had a history of abusing marijuana and methamphetamine, but had not followed through with the recommendations in her assessment, including therapy. In addition, the children’s therapist testified that the children had behavioral problems and required a very structured environment. Michelle testified that she had not had any contact with her children for two years because she recognized that she needed to get clean before she could parent. Michelle also testified that she had not used methamphetamines since January 27, 2011 and had not used marijuana since March, 2012. Michelle stated that she was currently attending counseling and group therapy and provided documentation that showed she was attending Narcotics Anonymous. Four drug test results were entered into evidence that showed Michelle tested negative for drugs in the three months preceding the termination hearing. The juvenile court terminated Michelle’s parental rights on January 31, 2013.
The Nebraska Court of Appeals affirmed both the denial of the motion for therapeutic visitation and the termination of parental rights. The denial of the motion for therapeutic visitation was proper because Michelle had not yet addressed her substance abuse after disappearing for almost two years; additionally, Michelle could have refiled her motion but never did so. The termination of parental rights was warranted because the evidence showed that the children had been in an out-of-home placement for 34 months when the petition for termination was filed. Termination was in the children’s best interests because the children required a stable environment and Michelle had not fully addressed the allegations in the petition, despite some progress on her substance abuse. The Court identified Michelle’s efforts as a case of “too little, too late.”