SUMMARY: The mother’s bond with the children does not overcome the substantial evidence supporting termination of parental rights in an child injury case.
Kavasea S., DOB 4/02, Dominique S., DOB 1/03, Josezier H., DOB 5/05, Onyashy A., DOB 10/07 were removed from the mother’s home on March 3, 2008, after Onyashy was brought to the emergency room with injuries consistent with child abuse, and have remained out of home since that time. DeNasjha A., DOB 10/09, was later removed at birth. Review hearings were held every 3-4 months and petitions to terminate parental rights were filed on August 12, 2009, and January 7, 2010 alleging multiple grounds for termination including committing felony assault and inflicting serious bodily injury to Onyashy. Trial was also held in criminal court related to Onyashy’s injuries, but the mother was acquitted by a jury. Trial was held in March, April and May 2010, where multiple witnesses testified and exhibits offered including testimony from a therapist who testified that the mother had a strong bond with the children and it wouldn’t be in their best interests to terminate parental rights. After trial, the juvenile court terminated the mother’s parental rights. The mother appealed.
The Nebraska Court of Appeals first separated the criminal acquittal by noting the more onerous burden of proof in a criminal case. It then addressed best interests and, while acknowledging the therapist’s testimony, also referred to the overwhelming amount of evidence establishing the mother’s inability to parent her children, which included her drug use during pregnancy, ongoing drug dealing, failure to address serious mental health issues and failure to seek medical treatment for the children and concluded such evidence outweighs the benefits of the children maintaining the bond with their mother.