Summary: Evidence supported termination of parental rights when the mother suffers from mental illness which renders her incapable of discharging parental responsibility.
The Platte County Juvenile Court found D.S. unable to discharge her parental responsibilities due to her mental illness and failure to comply with the rehabilitation plan. The Court terminated parental rights to a son (7 years old) and daughter (6 years old). The mother appealed to the Nebraska Supreme Court, claiming evidence should not have been admitted, the Court limited the participation of her Guardian ad litem, and the evidence was insufficient.
The Supreme Court affirmed. Admission of improper evidence by the trial court does not necessarily constitute a reversible error. So long as the mother objected during the trial the Court will not review that evidence. The Court found no reason a Guardian ad litem appointed for the parents should not be allowed the same participation as a Guardian ad litem appointed to the children. Although it was error for the Juvenile Court to prevent the mother’s Guardian ad litem from full participation, no showing was made as to what evidence would have been kept out or allowed had the mother’s guardian ad litem been permitted to examine the psychiatrist at deposition or been permitted to examine witnesses and make objections at trial. The Court found the record clearly established that the mother suffered from a mental illness which rendered her unable to discharge her parental responsibilities and was not likely to get the necessary treatment before the children reached the age of majority. This finding rendered it unnecessary to examine compliance with the rehabilitation plan.