SUMMARY: Termination was proper where the parents were unable over the course of several years to properly parent the children, who were exhibiting severe behaviors and had high needs. The children’s statements made to the therapist and caseworker were properly admitted in satisfaction of due process.
The children, Kyjsha T. (DOB 12/00), Davonisha T.-B (DOB 2002) and Shy’Retha B (DOB 9/03), became State Wards in November 2006, after allegations of excessive discipline by the father of Davonisha and Shy’Retha, David. Kyjsha and Davonisha had been in foster care from 2003 to 2005 because of Davonisha’s failure to thrive after birth. The children were again placed in foster care in July 2007 and were adjudicated under N.R.S. 43-247(3)(a) on September 19, 2007 as to David and December 3, 2007, as to the mother, Lakisha. On April 1, 2008, the State filed a motion to terminate the parents’ parental rights due to substantial and continuous neglect and failure of reasonable efforts to correct the conditions. Trial was held over 31 days where 33 witnesses testified, including caseworkers, family support workers, an intensive family preservation specialist, therapists and psychologists. The evidence presented indicated that the parents had been offered many services, including medical care and testing for the children, psychological and chemical dependency evaluations, substance abuse treatment, in-home therapy services, family support work, individual therapy, therapeutic visitation, early development services, play therapy, random UA testing, visiting nurses, respite care, anger management classes and transportation assistance. However, at the time of trial, neither parent had made significant progress in addressing the case goals, which included adequate parenting and maintaining sobriety. Neither parent showed insight on maintaining a safe home, interacting with the children, or properly disciplining them. On March 31, 2010, the court terminated the parental rights of David and Lakisha to all children. Both parents appealed.
The Nebraska Court of Appeals affirmed the terminations. It noted the parents’ lack of progress in their ability to parent despite the numerous services provided to them as well as their ongoing issues with testing positive for illicit substances or missing testing. The Court of Appeals also noted Lakisha’s damaging effect on the children. As to hearsay objections to the children’s statements regarding their parents’ actions, the Court of Appeals reviewed them under a due process analysis and concluded that the court used fundamentally fair procedures.