SUMMARY: Evidence that a mother continuously chose dangerous men over her own children and put her children in a position of harm was sufficient to support a termination of parental rights in a child sexual abuse case.
A petition as to Nelliaha, DOB 9/2004, and Kamesha, DOB 7/2008, was filed on 7/23/2008, alleging the children’s mother, Robin, failed to protect the children from sexual abuse by her husband and Kamesha’s father, Brian. Robin pled no contest to the allegations and the juvenile court adjudicated the children on May 22, 2009. The State filed a motion for termination of Robin’s parental rights on December 6, 2010; the termination hearing was held September 2 and November 28, 2011. At the hearing, evidence showed that Robin continued her relationship with Brian after his arrest and incarceration for sexually abusing Nelliaha; additionally, Robin had started a new relationship with a man who physically abused her in the presence of the children. The juvenile court terminated Robin’s parental rights as to Nelliaha and Kamesha on November 28, 2011.
The Nebraska Court of Appeals upheld the termination of parental rights. It noted that “Robin continues to choose abusive men over her own children” (supra, pg. 23). Robin remained in contact with Brian while he was incarcerated, and was still involved with a different man who repeatedly abused her. The Court of Appeals found that termination of parental rights was in the children’s best interests.