In re Interest of Frank S. et. al

SUMMARY: Termination of the father’s parental rights was proper because he failed to follow through on sex offender and parenting programs while incarcerated and had poor interaction with the children during therapeutic visitation even when prompted, and because the children’s behaviors had improved since being placed in foster care. 

Malachi, DOB 11/05, Frank DOB 3/07 and Michael, DOB 6/09, were removed from the mother’s care on February 7, 2009 (for Malachi and Frank) and after birth on July 8, 2009, for Michael. On January 29, 2010, the court changed the permanency goal to adoption. Petitions to terminate the parental rights of the parents were filed. The mother voluntarily relinquished her parental rights at trial. The father, Gary, had his parental rights terminated on July 6, 2010, after trial. Gary appeals.
The Nebraska Court of Appeals affirmed the termination of parental rights. At the time of removal, Gary was incarcerated in military confinement based on sexual abuse of his 9-year-old niece but had attended the termination hearing. The Court of Appeals noted that although incarceration cannot be the sole basis for termination, in this case Gary did not follow through on a case plan that included completing parenting classes and a sex offender program that were available in the prison. Furthermore, because of his incarceration Gary was unable to provide the children with a permanent living arrangement. He had also been absent from the older boys’ lives and had never met his youngest son. Finally, the Court of Appeals noted that Gary showed little attempt to interact with the children even when prompted by a therapist, and that the older children’s behavioral problems had stabilized in the foster home.