SUMMARY: Termination of parental rights was proper where the father failed to engage in services to address his domestic violence history and serious alcohol abuse.
A 3a petition as to James, DOB 12/05, was amended in December 2008 alleging the father, Donald, had a history of confrontation with the mother in front of James and that his conduct put James at risk for harm. Donald pled no contest to the allegations. Donald was ordered through disposition to comply with a case plan that included refraining from drug and alcohol use, submitting to drug testing, refraining from domestic violence, not having contact with the mother, completing a domestic violence program and attending a drug and alcohol treatment program. James was substantially noncompliant with each of the requirements. He did not finish any program and was often verbally combative and sometimes threatening to the workers. His visits with James went from monitored to intensely monitored to supervised and then were suspended in March 2010 due to frequent intoxication and behavior. He frequently had alcohol levels of .3 to .5 but often refused testing. On May 18, 2011, the State filed a motion to terminate Donald’s parental rights alleging multiple counts. After trial, the court terminated his parental rights. Donald appealed.
The Nebraska Court of Appeals affirmed the termination of parental rights. It first noted that “Donald’s participation in court-ordered services was inconsistent to nonexistent,” supra at page 9, and that he denied a need to partake in the services offered him. The Court of Appeals also noted that Donald continually harassed the mother since James had been born and was absent from hearings and from his son’s life, before concluding that termination was in James’ best interests.