SUMMARY: Termination of parental rights was proper where there was evidence that the parents were unwilling or unable to learn necessary parenting skills and had not developed a bond with the children.
Lisa (DOB 1/22/1996) was removed from her parents’ care on March 22 due to an unsafe and unsanitary home environment. The parents, Mark and Patricia, admitted at the adjudication hearing that Lisa was caked with dirt, had matted hair, dirty fingernails, and a bad diaper rash. The State filed a supplemental petition as to Samantha (DOB 7/21/1998) on August 14, 1998, despite providing the parents with two weeks of crisis intervention immediately following Samantha’s birth. The State filed a motion to terminate Mark’s and Patricia’s parental rights as to Lisa and Samantha on September 24, 1998. At the termination hearing held December 2 and 10, 1998, child protective services workers testified that despite providing help with housekeeping, budgeting, and parenting skills, the parents had made very little progress and the condition of the house had deteriorated. In addition, the family therapist noted there was little emotional or physical interaction between Patricia and Lisa and that Lisa did not want to visit the parents. There was also evidence that Mark and Patricia had no emotional involvement in the parenting process. Both parents testified that they attempted to keep the house clean. On December 31, the juvenile court terminated Mark’s and Patricia’s parental rights.
The Nebraska Supreme Court did not address the parents’ constitutional challenge to the retroactivity of amendments to the juvenile code because the parents raised the question for the first time on appeal. In addition, the Court held that termination of Mark’s and Patricia’s parental rights was supported by evidence that the parents had either ignored or were unable to apply the parenting skills, despite the extensive efforts to help them. The parents had failed to bond with Lisa and demonstrated an unwillingness or inability to put themselves in a position to provide necessary care and protection. Termination was in Lisa’s and Samantha’s best interests because the Mark and Patricia did not have the parenting skills and were not able to learn the necessary skills.