SUMMARY: Though there was evidence of love and a bond between a father and a son, termination of parental rights was proper where there was sufficient evidence that the father did not make adequate progress toward reunification.
The State adjudicated Jakob (D.O.B. 1/2004) in December of 2009. Jakob’s mother had previously voluntarily relinquished her parental rights in 2004; Jakob’s father, Adam, and Adam’s wife, Tia, had custody of Jakob. The state filed a motion for termination of Adam’s parental rights on September 1, 2011. At the termination hearing in December of 2011 and January of 2012, there was evidence that Adam did not make progress toward reunification. Case workers testified that Jakob repeatedly refused to attend visitations because he was afraid of Tia. Adam missed several visitations and refused other services offered to him. There was also evidence that Adam had used improper forms of punishment for Jakob, and that there was domestic violence between Adam and Tia. Both Adam and Tia were described as defensive and resistant to suggestions for improvement. Additionally, case workers described an odor at Adam’s residences that could potentially be harmful to Jakob’s health because he had respiratory problems. The juvenile court terminated Adam’s parental rights on March 23, 2012.
The Nebraska Court of Appeals affirmed the termination of parental rights. First, the Court of Appeals noted that, though there was clearly a bond between Adam and Jakob, Adam overall failed to make any progress toward reunification. The Court of Appeals was also concerned that Adam took little responsibility for his actions and that Jakob was frightened of Tia. Thus, the termination of parental rights was in Jakob’s best interests.