Summary: Termination of parental rights was appropriate where the mother was not prejudiced nor deprived a substantial right due to the inability to compile a complete record and the record established she was unable to perform her parental responsibilities due to mental deficiencies which would continue for a prolonged, indefinite period and the state had expended substantial resources to assist her with and teach her about her parental obligations.
D.A.B. (born July 18, 1982) had been in the custody of the Department of Social Services between 1984 and 1987 upon diagnosis for failure to thrive, during which time the state made extensive efforts to rehabilitate the family. D.A.B. was returned to the home when he was better able to express his needs and the father was in the home to assist in or take over parenting. On September 13, 1989 a petition was filed alleging D.A.B. and J.B. (born November 28, 1984) were in a situation dangerous to their health and morals because of physical abuse by their father. The father has since relinquished his parental rights and is not a party in this action. On October 5, 1989, and November 30, 1989, both children were found to be juveniles within the meaning of § 43-247(3) and placed in custody of DSS. On November 30, 1989, the mother admitted the allegations in the petition and the parents were ordered to participate in individual family therapy. On June 29, 1990 the children were removed from the home and placed in foster care, at which time it was alleged that the mother was participating in sexual activity in the presence of the children, that the home was unsanitary, and there was chronic neglect of the children.
In July 1990 the mother was evaluated by a psychiatrist at the request of DSS. The psychiatrist determined that she suffered from mild mental retardation and that she was unable to acquire the proper parenting skills to care for her children. Another evaluation by a different psychiatrist took place in April 1991 at the request of the mother’s attorney. That doctor also concluded that the mother was mildly mentally retarded. However, he also concluded that with the proper instruction she could learn to properly care for her children. On November 8, 1990 the state filed a motion to terminate parental rights, alleging that the mother unable to care for her children due to mental retardation, a lifelong condition. The court granted the motion after a hearing on July 17, 1991.
The Nebraska Supreme Court affirmed. The mother argued on appeal that the court erred in terminating her parental rights and failed to create a complete record for an accurate bill of exceptions. The recording equipment malfunctioned during the mother’s testimony at the hearing. Therefore, her responses were not recorded. Her attorney did the best he could to fill in her responses, rather than requesting a hearing to recreate the questions and responses. The Court, therefore, found that the mother was not prejudiced or deprived of a substantial right. Additionally, the Court found there was sufficient evidence to establish she was unable to perform parental responsibilities due to a mental deficiency that would continue for a prolonged period. The state provided extensive resources to the mother between 1984 and 1987, providing for counseling, parenting classes, and supervision. There was little improvement and the children continued to live in unsanitary conditions and not be adequately cared for. Due to her mental deficiencies, the mother was unable to learn from the instruction.