SUMMARY: Termination of parental rights was proper where the father had a frequent pattern of incarceration, did not properly care for older children and had a serious drug problem that hadn’t been adequately addressed.
Two older siblings of Maurice Jr., DOB 7/09, were removed from the family home on July 31, 2008, after the father, Maurice, assaulted the mother and barricaded himself in the home with them. Maurice was incarcerated for a number of offenses during this time and did not substantially comply with the court’s orders. When Maurice Jr. was born, Maurice was incarcerated and remained so through the time of termination. During his incarceration, he provided no financial or emotional support. In September 2009, the State filed a petition to adjudicate Maurice Jr. under 43-247(3)(a) due to the father’s incarceration and inability to provide care, and in March 2010 the State filed a motion to terminate his parental rights pursuant to N.R.S. 43-292(2) and (6). After trial in October 2010, the juvenile court terminated Maurice’s parental rights to Maurice Jr. Maurice appealed.
The Nebraska Court of Appeals affirmed the termination of parental rights. It noted that Maurice has had a history of incarceration connected to drug abuse that affected his ability to parent other children. Even when Maurice wasn’t incarcerated, he was unable to parent the older children and admitted to a severe drug addiction that affected his ability to comply with court orders. Although the Court of Appeals commended Maurice completing a first stage of drug treatment after the termination petition was filed, it noted that it was only a first step in becoming a sober and stable parent and that due to Maurice’s prior history he would need to demonstrate sobriety for a period of time outside of jail. The Court of Appeals further noted that Maurice did not have a strong bond with Maurice Jr., not having any contact until April 2010 and then afterwards only sporadic prison visits.