SUMMARY: Mother’s close bond and ability to relate well with her children was not sufficient to overcome substantial evidence supporting a termination of parental rights that the mother failed to put herself in a position where she could permanently take care of her children.
On July 2, 2009, the State filed an ex parte order for temporary custody for Kristen’s five children, Jennifer, Samuel, Jesse, Sarah and Lillybelle, alleging the children were kept in an unsafe and unsanitary home. The children were adjudicated July 27, 2009, and the State filed a motion for termination of Kristen’s parental rights on March 14, 2011. At the termination hearing, evidence was introduced of Kristen’s lengthy history for the juvenile court system, with numerous complaints of child neglect due to unsafe and unsanitary conditions. Multiple witnesses testified that, while Kristen had a close bond with the children, she was inconsistent, did not make significant improvement, and had periods of decline. Kristen, who has been diagnosed with Asperger’s disorder, was able to relate to her children, three of whom had also been diagnosed with various disabilities. Kristen only sporadically cooperated with services and showed a failure to communicate. The juvenile court terminated Kristen’s parental rights as to all five children.
The Nebraska Court of Appeals affirmed the termination of parental rights. The Court of Appeals noted that the children had significantly behavioral and hygiene problems when they were placed with Kristen, but these problems would improve when the children were placed outside the home. Though Kristen did relate well with the children, she failed to make permanent progress in the six years she had been involved with the juvenile court system.