In re Interest of Jaylyn B.

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In re Interest of Jaylyn B.

Caselaw No.
Filed on
Thursday, May 3, 2012

SUMMARY: Termination of parental rights was proper where the father had been incarcerated for a full term of almost 50 years and had failed to contact or provide for the child.

Jaylyn, DOB 10/08, was removed from the mother’s home in October 23, 2009. The mother’s parental rights were eventually terminated. Paternity and child support proceedings were brought against the father, Tyrone, in May 2010. Around the same time, Tyrone was sentenced to consecutive terms of 30 to 50 years imprisonment and, if he served his full term, would not be released from prison until 2059. On May 5, 2011, a petition to terminate Tyrone’s parental rights was filed. Prior to trial, Tyrone made an oral motion to continue because he had not received documents, but it was denied. At trial in September 2011, testimony established that Tyrone had not visited, contacted or sent letters to Jaylyn. After trial, the court found reasonable efforts were not necessary because Tyrone had abandoned Jaylyn and terminated Tyrone’s parental rights. Tyrone appealed.

The Nebraska Court of Appeals affirmed the termination of parental rights. The Court of Appeals noted the motion for discovery was not in the bill of exceptions, only that proper notice had been given and Tyrone’s attorney’s request for transport, so it upheld the court’s denial of a continuance. As to the issue of best interests, the Court of Appeals noted the lengthy prison sentence and Tyrone’s failure to contact or provide for Jaylyn in concluding that termination was in her best interests.