SUMMARY: The fact that the father was incarcerated due to beating his wife was sufficient to support termination of the father’s parental rights because he neglected and refused to provide his daughter necessary care and protection.
On December 4, 1996, a petition was filed alleging Kalie (DOB 12/2/1996) was in a situation dangerous after Kalie’s sibling was taken to the emergency room with suspicious burns resulting from scalding. On January 9, 1997, Kalie’s father, Kevin, was arrested for assaulting Kalie’s mother, Angela. The assault resulted in serious injuries and required emergency room care. Kevin was convicted of assault in the first degree and sentenced to 5 to 8 years’ imprisonment. Kalie was adjudicated on February 5, 1997, and the State filed a motion to terminate both Angela’s and Kevin’s parental rights of Kalie on May 13, 1998. The juvenile court terminated Angela’s and Kevin’s parental rights on November 12, 1998, stating that the record reflected substantial and continuous or repeated neglect.
The Nebraska Supreme Court affirmed the termination of parental rights. Kevin’s incarceration made it impossible for him to provide for any of Kalie’s needs. Because the conduct resulting in Kevin’s incarceration was voluntary, he could not complain that he did not have the opportunity to meet Kalie’s needs. Kevin’s conviction was a result of a prolonged and violent assault on Kalie’s mother, and Kevin had a history of criminal, violent, and assaultive behaviors. The evidence clearly established that Kevin placed himself in a position where he could not care for Kalie. Termination of Kevin’s parental rights was in Kalie’s best interests.