SUMMARY: Termination of parental rights was proper where the mother minimally complied with the case plan, including her requesting reduction of visits to one time per week.
Justice B., DOB 1/03, was removed from her mother’s home around November 13, 2008, after alleging her mother punched her and her mother, Chante, being cited for disorderly conduct for being verbally abusive when confronted with the allegations. Over the next year and a half, Chante was ordered to participate in therapy, participate in substance abuse treatment, submit to random UAs, maintain employment and complete a psychological evaluation. Chante’s frequent use of marijuana did not decrease and she was dishonest about her completion of treatment. She did not complete therapy and she frequently canceled visitation with Justice, eventually requesting her visits be reduced to once per week. She had occasional employment but was often unemployed. On October 5, 2010, the State filed a motion to terminate her parental rights and after trial in April 2011, the court terminated her parental rights. Chante appealed.
The Nebraska Court of Appeals affirmed the termination of parental rights. After finding Justice to be out of home more than 15 of 22 months, the Court of Appeals found that “Chante is not capable of providing Justice with a safe and stable environment.” Page 4. It noted her failure to comply with the case plan requirements, which directly related to the reasons Justice was placed in foster care. It also noted the “perhaps most important” issue of Chante canceling visits and reducing her time with Justice. Page 6.