SUMMARY: Evidence supported the termination of a mother’s parental rights when the mother’s rights have been previously terminated for seven other children based on similar allegations, the mother had not exhibited any reliable improvement, and the mother was involved in a serious altercation shortly after the child’s birth that included the mother threatening to kill the child.
In October of 2012, the state filed an amended petition alleging Yolanda placed Navaeh (DOB: 9/12/2012) at risk of harm due to Yolanda’s history of mental illness, threats of harm to Naveah, pervious termination of parental rights, and Yolanda’s substance abuse. At the adjudication and termination hearing, evidence was introduced that Yolanda’s parental rights had been terminated to three children in 2003 and four additional children in 2007 due to Yolanda’s mood swings, violent behavior, and drug and alcohol abuse. It was reported that Yolanda would have brief periods of utilizing services and improvement, but only immediately after the petition to terminate parental rights was filed. Shortly after Naveah’s birth, a Health and Humnan Services worker observed that Yolanda’s home was clean and Yolanda appeared ready for Naveah. On September 21, 2012, Yolanda had an altercation with Larry, Navaeh’s father, which included Yolanda threatening to kill Naveah. Yolanda called the police when Larry took Naveah to his mother’s house. The police reported that Yolanda appeared intoxicated and made inconsistent statements about Navaeh’s paternity; Yolanda had a blood alcohol content of .191. After this instance, the family permanency specialist observed Yolanda’s home was in disarray and Yolanda reported smoking marijuana while pregnant. Additionally, Yolanda admitted that she had stopped taking her medications for bipolar disorder and post-traumatic stress disorder. The juvenile court terminated Yolanda’s parental rights to Navaeh.
The Nebraska Court of Appeals affirmed the termination of parental rights. Yolanda’s prior terminations based on similar allegations were sufficient evidence of her lack of parental care, in conjunction with the serious altercation and threats to Naveah’s life shortly after Naveah was born. The termination was also supported by evidence that Yolanda had a long history and pattern of substance abuse and impulse control and would only comply with treatment while services were available to her. Though there was evidence that Yolanda had adhered to her medications until she was pregnant, had maintained a clean home and visitation with Naveah, and had love and affection for Naveah, the Court of Appeals noted that Yolanda had previously shown improvement immediately after the state filed a petition to terminate her parental rights and had not maintained that improvement. Termination was in Navaeh’s best interests.