SUMMARY: Termination of parental rights was in the child’s best interests because the father made little effort to be involved in the case, to communicate with the caseworker or his attorney or to have a relationship with the child.
Jasminiah S., DOB 4/05, was removed from the mother’s home on September 24, 2009. Jasminiah was adjudicated as to the mother in February 2010, and the mother relinquished her parental rights in May 2011. On December 29, 2010, a 3a and termination of parental rights petition was filed as to the father, Jeremiah. Since Jasminiah was removed, Jeremiah had attended only one hearing in October 2009 and had not intervened even though appointed an attorney. He had almost no contact with the caseworkers despite their attempts to contact him and never arranged visitation with Jasminiah. After trial, the court adjudicated Jasminiah as to Jeremiah and terminated Jeremiah’s parental rights. Jeremiah appealed.
The Nebraska Court of Appeals affirmed the termination of parental rights. After finding that Jasminiah had been out of the home 15 of the past 22 months, the Court of Appeals noted Jeremiah’s non-involvement, the length of time Jasminiah has been out-of-home, and Jeremiah’s inability to care for Jasminiah, and concluded termination was in her best interests. The Court of Appeals also refused to consider whether reasonable efforts were provided as 43-292(6) was not a basis for termination.