SUMARRY: Termination of parental rights was proper where there was evidence of a long history of domestic violence between the parents and the parents showed poor progress toward improvements.
The State filed an amended petition in October, 2009 alleging John and Melissa failed to provide Jontaia, DOB 1/2009, a safe and stable environment for Jontaia, due to their use of drugs, involvement in violence, and anger management issues; John and Melissa pled no contest to the allegations. On May 23, 2011, the State filed motions to terminate each parent’s parental rights. Testimony at trial on August 26, 2011 indicated that Melissa’s visitation with Jontaia was suspended because Melissa had fled to New Mexico with Jontaia. Additionally, neither Melissa nor John completed substance abuse treatment as had been ordered by the court; other services had also been refused. Testimony also indicated that John and Melissa had an unstable relationship with a history emotional abuse, contacts with the police, and arguments in front of Jontaia. The juvenile court entered an order terminating John and Melissa’s parental rights on September 23, 2011.
The Nebraska Court of Appeals upheld the termination of parental rights. The Court of Appeals noted the parents had poor progress toward reunification and had refused to cooperate with different services offered to them. Though there was evidence Jontaia had a bond with Melissa and John, the Court of Appeals stated Jontaia needed a permanent and stable home, and it was unlikely either Melissa or John would be in a position to care for her in the near future. The termination of parental rights was thus in Jontaia’s best interests.