SUMMARY: Immediate termination after removal was proper based on prior terminations and evidence establishing that the mother continued to struggle with drug addiction and mental health issues.
Maddison, DOB 1/08, was removed from the mother on October 30, 2009. The mother, Tasha, had her parental rights terminated involuntarily to two children prior to the removal. Maddison’s removal was based on an incident where Tasha was found wandering the streets with Maddison in a confused state, tested positive for methamphetamines and then lied about the number of uses. Around October 30, 2009, the State filed a petition under Neb. Rev. Stat. 43-247(3)(a) and under 43-292(2) to terminate Tasha’s parental rights based on the prior neglect of Tasha’s other children. In March 2010, the court terminated Tasha’s parental rights. Tasha appealed.
The Court of Appeals affirmed the termination of parental rights. It noted that the juvenile court was appropriate in considering prior history with Tasha’s other children. The Court of Appeals also connected the prior history to the current in noting that the evidence established the mother continued to suffer from the same reasons as the previous termination, namely drug and mental health issues. Furthermore, in the time between filing the petition and termination, Tasha made no effort to access any services that were offered to her by DHHS.