SUMMARY: Termination of parental rights was proper where the mother did not make sufficient effort to work on her case plan and where the needs of the child required stability and permanency.
Lokani, DOB 7/03, was removed from the mother, Veronica, on August 26, 2008, due to Veronica’s drug use. Adjudication was held on September 18, 2008, and a disposition order was entered on November 18, 2008, ordering Veronica to complete dual diagnosis inpatient treatment, undergo a psychiatric evaluation, tall all medications, submit to random UAs and engage in parenting time 3 times per week for 3 to 4 hours per visit. Visitation was severely restricted in April 2009, after Veronica yelled at a worker and took Lokani to her home, requiring a police call. During review hearings in May and November, Veronica was again ordered to comply with the case plan. On November 9, 2009, Veronica was arrested and had remained incarcerated up to the time of the termination trial. She had not completed treatment, undergone a psychiatric evaluation or submitted to random UAs. On May 27, 2010, a motion for termination of parental rights was filed, and trial was held on September 24, 2010. At trial, Lokani’s therapist testified to Lokani’s reactive attachment disorder and need for stable and permanent relationships. On October 20, 2010, the juvenile court terminated Veronica’s parental rights. Veronica appealed.
The Nebraska Court of Appeals affirmed the termination of parental rights. It noted Veronica’s failure to comply with the court-ordered case plan, lack of progress toward reunification and Lokani’s need for stability. It also noted that Veronica’s actions of taking classes and being drug free while incarcerated are “too little, too late.”