SUMMARY: The mother’s unwillingness to address her serious mental health issues and demonstrated inability to care for the child establish that termination of parental rights was proper. Even though 43-292.01 was used as the statutory basis for termination instead of 43-292, it is clear from statements on the record by the court and the remainder of the written order that 43-292 was intended.
Fatima, DOB 6/08, was removed from the mother’s care on September 15, 2008. Fatima had tested positive for amphetamines at birth and the mother, Amalia, had since issued verbal threats about harming the child, had overdosed on prescription medication and refused to take mental health medications. Fatima was adjudicated under N.R.S. 43-247(3)(a) on October 21, 2008, and disposition was held on December 17, 2008, where Amalia was ordered to manage her mental health issues and become able to provide for Fatima’s needs of food, clothing and shelter and her physical and emotional health. Amalia has had mental health problems in her past and has been diagnosed with “schizo affective disorder, bipolar type” and “bipolar I disorder, mixed, moderate.” A comprehensive family assessment was completed but Amalia refused to discuss substance abuse issues. Amalia had intermittently attended therapy but completely stopped attending in February 2009. Visitation with Fatima digressed from in-home visits to sporadic supervised visits at a visitation center where Amalia’s behavior was unpredictable. Amalia was verbally aggressive to her caseworkers, visitation workers, and family support workers. During this time, Amalia was on probation and was dismissed for noncompliance apparently for possessing methamphetamine. Amalia never followed up on a referral for treatment. She was also unable to maintain housing, having not paid utilities. On September 22, 2009, the State filed a motion to terminate Amalia’s parental rights to Fatima and after trial the court terminated Amalia’s parental rights pursuant to 43-292(2), (4) and (6) although the court order form indicated “43-292.01.” The mother appealed.
The Court of Appeals affirmed the termination of parental rights. It first held that the error in statutory reference did not nullify the termination because the court both announced and stated in its written order that Amalia’s parental rights were terminated and it made specific findings at the hearing and in the order. Addressing 43-292(6), the Court of Appeals found that reasonable efforts in the form of a mental health assessment and treatment, medication management, parenting skills training and basic life skills management were provided, but that Amalia failed to correct the conditions that led to out-of-home placement. It finally concluded that termination was in Fatima’s best interests because she has not addressed her lifelong mental health condition and it seems unlikely she will do so in the future, and because she has not shown an ability to care for Fatima as illustrated by failing probation for methamphetamine possession.