SUMMARY: Termination of parental rights was in the children’s best interests because the mother is incapable of providing a stable and permanent home now and in the near future.
The children, Keijuan, DOB 4/24/98, and Keijon, DOB 10/30/00, were placed in the state’s custody on September 27, 2006, because the mother left them at an emergency shelter. The mother, Freedom, entered an admission pursuant to 43-247(3)(a) and the mother was ordered at disposition to complete a case plan which included taking chemical dependency and psychological evaluations, abstaining from using drugs, submitting to random UAs, participating in counseling and maintaining safe housing and legal source of income. Subsequently, the mother failed to adequately comply with the court’s orders. She did not consistently attend visitation with the children, did not complete the evaluations even after DHHS made several referrals, did not consistently attend therapy, did not submit to valid UAs and did not maintain stable housing or legal source of income. The inconsistency of visitation negatively impacted the children.
On February 21, 2008, the state filed a motion to terminate the mother’s parental rights, and on July 10, 2008, the court terminated those rights pursuant to 43-292(6) and (7). The court found insufficient evidence pursuant to 43-292(2).
The Court of Appeals upheld the court’s termination of parental rights. It held that the children were out of home 15 of the last 22 months, thus satisfying 43-292(7). In its best interests consideration, the Court of Appeals noted that despite the almost 2 years of efforts, the mother was no closer to achieving reunification that she was at the initial stages of the process. She did not complete a majority of the case plan and visitation with the children was sporadic and harmful. The Court concluded that the mother is incapable of providing a stable and permanent home for the children.