SUMMARY: Termination of parental rights was proper based on the mother’s lack of progress over 2 years including failure to attend visitation and therapy, learn about the children’s medical needs, and access prenatal care.
Marquesha C, DOB 9/92, Fate B., DOB 12/96, Tylesha M., DOB 5/99, Fernandez M., DOB 7/00, Denisha M., DOB 8/01, and Myesha M., DOB 11/05, were removed from the mother’s home on August 15, 2006. In October 2006, the mother, Lisa, admitted to allegations that she failed to provide proper care and support. At disposition in March 2007, Lisa was ordered to maintain stable housing and income, participate in a parenting program and participate in individual therapy. At that time, Marquesha, Fate, and Myesha were returned to her home. At a permanency hearing in March 2008, the court removed Fate from Lisa’s home and ordered Lisa to participate in therapeutic visitation. Marquesha and Myesha were later removed from Lisa’s home. Lisa originally had two visitations per week but asked it be reduced to one time per week and then failed to consistently attend. She failed to seek prenatal care when pregnant with Aleshia. Aleshia was born with Down Syndrome and Lisa failed to attend medical appointments or learn how to care for a child with a special need.
On January 5, 2009, the State motioned to terminate Lisa’s parental rights and added Aleshia when she was born in February 2009. After trial, the juvenile court terminated Lisa’s parental rights to her children. Lisa appealed.
The Nebraska Court of Appeals affirmed the termination of parental rights pursuant to N.R.S. 43-292(2). It held that despite multiple opportunities Lisa failed to make any substantial, consistent progression toward reunification. Specifically, the Court of Appeals noted that Lisa forgot her children’s birthdays, made inappropriate threats during visitation, failed to learn about the children’s medical and behavioral needs, and failed to address Marquesha’s weight problem while she was living with her.