SUMMARY: Termination of parental rights was proper where the father had little contact with the child, would be incarcerated past her age of majority, and has a history of drug use and law violations, and where the child had substantial health needs that the father cannot manage.
LaKeiara J., born in 1994, was removed from her mother’s home in January 2007. A petition against her father, Tiuana, was filed on January 13, 2009. On October 29, 2009, the State filed a motion for termination of parental rights and trial was held on January 20, 2011. LaKeiara was diagnosed with bipolar disorder, diabetes, attention deficit disorder, and had been in 10 out-of-home placements, which included hospitalization for self-harm and 3 placements she from which she ran away. Tiuana did not meet LaKeiara until March 2009. Tiuana has been incarcerated for periods of time and has a history of drug abuse, gang involvement and criminal offenses dating back to his youth. Tiuana made little effort to contact LaKeiara or the caseworkers, including the periods where he was not incarcerated. After trial the juvenile court terminated the father’s parental rights. The father appealed.
The Nebraska Court of Appeals affirmed the termination of parental rights. After finding that LaKeiara had spent more than 15 of the past 22 months out of home, the Court of Appeals noted Tiuana’s health and behavioral issues involving drug use and criminal involvement. It also noted that Tiuana wasn’t eligible for parole until 2014 due in part to his violation of parole from marijuana use. The Court of Appeals also noted Tiuana’s minimal efforts to establish a relationship with LaKeiara or to put himself in a position to parent. Finally, the Court of Appeals noted LaKeiara’s substantial health and behavioral issues and Tiuana’s inability to support her health and well-being.