In re Interest of Madison S.

SUMMARY: Termination was in the children’s best interests because the mother did not substantially comply with the rehabilitation plan in the 20 months the children were out of the home, as she made minimal progress in addressing her parenting issues, did not undergo random drug testing, continued to use controlled substances, failed to obtain stable housing, and attended visitation sporadically. 

The mother, Trisha S., appealed the termination of her parental rights to Madison S., DOB 10/16/02. A petition was filed on October 13, 2005, pursuant to 43-247(3)(a) alleging the mother was using controlled substances, subjecting a sibling to physical abuse and failing to provide stable housing. The children were removed pursuant to court order. On December 22, 2005, at adjudication the children were found within the meaning of 43-247(3)(a). The mother was ordered, among other things, to attend visitation, complete several evaluations, and participate in individual therapy. Subsequent dispositional hearings added to the case plan submitting to random drug testing, maintaining stable housing, and not using controlled substances. On July 9, 2007, the State filed a motion to terminate Trisha’s parental rights to Madison and, on November 16, 2007, the court terminated Trisha’s parental rights pursuant to 43-292(2), (6), and (7).

The Nebraska Court of Appeals affirmed the lower court’s ruling, finding that 43-292(6) was proved by evidence that Madison had been out of home for at least 15 of the past 22 months, namely 20 months. The appellate court also found clear and convincing evidence that termination was in the child’s best interests. Trisha was not substantially complying with the rehabilitation case plan. Although given ample time and resources, Trisha did not consistently attend therapy, made minimal progress addressing parental issues, failed to submit to random drug-testing, moved twice to other states, tested positive for controlled substances, failed to maintain stable housing and employment, and missed several visitation sessions, causing behavioral problems for Madison.