SUMMARY: Termination of parental rights was proper where after two years of services was unable to provide even the most minimal requirements for parenting and could not provide permanency or stability.
Cheyenne, DOB 12/05, was formally removed from the mother, Melody, on December 29, 2008, after the caregivers with whom Melody left Cheyenne with could no longer care for her and Melody had been maintaining minimal contact with her. In January 2009, Melody pled no contest to the allegations under N.R.S. 43-247(3)(a), and several dispositional and permanency hearings were held over subsequent months where the mother was ordered to participate in individual therapy, attend psychiatric appointments, take medication, cooperate with family support services, maintain employment and secure housing. Melody made no progress in attending visits even with visits being at the highest level with family support. She had several mental health issues that DHHS staff accommodated for in working with her but even with a significant number of services provided Melody made little improvement. Melody changed jobs requiring her to have long commutes and was living in a motel at trial. Cheyenne was in her third foster home and her behavior had improved since becoming stable there. In August 2010, the State filed a motion to terminate Melody’s parental rights and after trial the court terminated Melody’s parental rights. Melody appealed.
The Nebraska Court of Appeals affirmed the termination of parental rights. It found that Melody failed to make progress in parenting Cheyenne and noted that her visitation had even recently been suspended. It also noted Cheyenne’s improvement in behaviors since being placed in the current foster home. The Court of Appeals concluded that even with specific services directed toward Melody’s needs that Melody did not benefit and that termination was proper.