SUMMARY: Termination of parental rights was proper where the mother failed to attend appointments and visits, had little progress in therapy, had unstable employment and did not provide adequate food for the child. The judge’s denial to recuse herself was proper where there was only an assertion of bias and no evidence to suggest it.
Jamar, DOB 11/08, was removed shortly after birth at the hospital based on the mother’s failure to demonstrate ability to care for him. Jamar’s father eventually relinquished his parental rights. The mother, Hasina, admitted to the allegations under N.R.S. 43-247(3)(a) in December 2008 and over a series of dispositional and permanency hearings was ordered to participate in therapy, obtain stable housing and employment, participate in parent training, submit to random drug testing, complete a drug evaluation, and not subject Jamar to tobacco smoke. Over the course of several months, Hasina missed several scheduled visits with her attorneys and canceled approximately one fourth of visits with Jamar, gave him pasta and cake for breakfast and refused several drug tests. She also showed up to visits smelling of cigarette smoke after being told not to because of Jamar’s allergies. Hasina admitted to marijuana use but denied use of alcohol. She also refused a psychiatric evaluation, vocational rehabilitation and parent training. On April 15, 2010, the State filed a petition to terminate parental rights. Prior to trial, Hasina filed a motion to recuse the trial judge due to her having presided over Hasina’s delinquency when she was a juvenile. The judge denied the motion. After trial in October 2010, the court terminated Hasina’s parental rights. Hasina appealed.
The Nebraska Court of Appeals affirmed the termination. It noted that Hasina had failed to meet several court-ordered goals even with an extensive amount of programs and assistance offered, as well as continued marijuana use. The Court of Appeals rejected the refusal to recuse as error, finding that Hasina only made an assertion of bias and provided no evidence suggesting so.