SUMMARY: Termination of parental rights was proper where the mother failed to make sufficient progress over 2 years in addressing her dependence and parenting issues, and the father failed to put himself in a position to parent due to his incarceration, lack of housing and failure to move beyond supervised visitation.
Jal C, DOB 7/95, Goar C. 10/97, Nyakong C., DOB 9/99, Sijin C., DOB 9/00, Benjamin C., DOB 7/05, Makuach L., DOB 11/07, Isaiah L., DOB 3/09 were removed from the mother’s home in April 2008 (except Sijin, who entered at a later date after his guardianship dissolved) due to a dirty home and alcohol abuse. Lazarus is the father of Makuach and Isaiah. 3a petitions were filed against the mother, Rachel, in November 2008, and the father in April 2008. The children were adjudicated on June 25, 2009, and the court ordered the parents to comply with various requirements including evaluations, family support services and visitation. The oldest three children were placed with their father in October 2009, remained there at the time of trial and were doing well. Over the next year and half, the mother had some difficulty in accessing timely services but also had her own inability to consistently attend visits with the children and family support visits, return phone calls, comply with drug testing, and obtain employment and housing. She completed evaluations that indicated dependency and mental health issues but had not adequately addressed them by the time of trial. It would take at least one additional year from the time of trial for the mother to be at the place where she may be able to parent the children. The father had appropriate visits with the children but was often incarcerated, unemployed and without housing. On June 15, 2010, the State filed motions to terminate parental rights of both parents. After hearings from September to December 2010, the juvenile court terminated parental rights to both parents as to 43-292(6) on February 28, 2011. The parents appealed.
The Nebraska Court of Appeals affirmed the terminations of parental rights. It found that the evidence established that Rachel inconsistently participated in services offered to her until June 2010 and that Lazarus’ incarceration and failure to obtain housing prevented him from fulfilling his parental obligations, and that therefore the parents failed to make sufficient progress toward reunification. As to best interests, the Court of Appeals found that the older children were stable living with their father, that Rachel failed to make sufficient progress during the proceedings and that it would be some time before she could parent, and that Lazarus failed to put himself in a position to parent.