In re Interest of Miguel G.

Caselaw Number
A-05-865
Filed On


SUMMARY: Unless the State seeks to terminate a parent’s rights under Neb. Rev. Stat. §43-292(5), the court is not required to appoint a guardian ad litem for the parent pursuant to Neb. Rev. Stat. §43-292.01. In this case, the State proved that termination was both necessary and in the child’s best interests after the father left his 11 month old son unattended and had lost his parental rights to his other child.

Miguel’s father left Miguel unattended at the age of 11 months, prompting the state to take custody of Miguel. Miguel’s father appealed an order terminating his parental rights.He alleges that the juvenile court erred in failing to appoint him a guardian ad litem, finding that there was sufficient evidence to support termination, and finding that termination was in Miguel’s best interests. The Nebraska Court of Appeals affirmed the termination order.

Since the State did not seek to terminate parental rights under Neb. Rev. Stat. §43-292(5), alleging the parent is incompetent, the juvenile court was not subject to the mandatory provision in §43-209.01, requiring that the parent be appointed a guardian ad litem. Therefore, there was no error by the juvenile court in not appointing Miguel’s father a guardian ad litem.

The State proved the need for termination because Miguel was in out of home placement for 15 of the last 22 months. Further, it was undisputed that the father’s rights were terminated with respect to Miguel’s sister. “Termination is appropriate when the ‘parents have substantially and continuously or repeatedly neglected and refused to give the juvenile or a sibling of the juvenile necessary parental care and protection.” It had been “determined in a prior judicial proceedings that [Miguel’s father] abandoned Miguel’s sibling.” Thus, the State met the burden of showing that termination was necessary.

Termination was in Miguel’s best interests. Evidence presented at trial indicated that although numerous services were provided to Miguel’s father it was uncertain whether he would ever be capable of parenting Miguel. There was also testimony that Miguel was “thriving in his foster home” and that his foster parents desired to give him a permanent home.a