SUMMARY: Termination of parental rights based largely on events stemming from a decade-old child death was proper because the mother has not shown she will prioritize her children’s safety given her current relationship and her less-than-forthcoming responses. A cross-appeal will not be considered if it is not designated as such in the brief’s heading.
Samari, DOB 10/10, and Niko, DOB 9/11, were removed from the parents’ custody at birth. Tamecka, the mother, has given birth to nine children. One of those children, Maximillian, died at age 4 after her boyfriend, Timothy, burned him with hot water in punishment and neither he nor Tamecka sought medical help. Tamecka has lost custody to all other children. While Tamecka was incarcerated as a result of Maximillian’s death, she met Salome, who was incarcerated for attempted first degree assault of a child. Salome has 7 children by 4 women and when released in June 2010 had no permanent residence. Tamecka intended to place Samari with Salome at birth but the State took custody. Salome and Tamecka were married in December 2010 and Salome was incarcerated in March 2011 for domestic assault, failure to register as a sex offender and failure to pay child support. Since being released, Tamecka had made excellent progress, having regular, positive visits with the children, maintaining a clean, safe apartment, finding full-time employment, paying all of her bills, and regularly attending therapy. However, the State filed a termination petition and DHHS supported it on the basis that Tamecka made poor choices with Maximillian and continued to make them with Salome and wanting to place Samari with him. Trial was held where two psychologists presented contrasting testimony – one evaluation performed in 2003 showed Tamecka as having extreme criminality in her thinking and one in 2012 showed Tamecka being within normal limits. At the end of trial, the court terminated Tamecka and Salome’s parental rights to Samari and Niko. Tamecka appealed and Salome cross-appealed.
The Nebraska Court of Appeals affirmed the termination of Tamecka’s parental rights and dismissed Salome’s cross-appeal on the basis that Salome did not designate his appeal as a cross-appeal in the brief’s heading. As to Tamecka, the Court of Appeals commended her on her excellent progress but was not convinced that she was able to have good judgment and place her children above herself and her relationships. It noted that Tamecka chose to create two children with Salome and was going to place Samari with Salome even though he was a sex offender convicted of domestic assault and without stable housing, and that she planned to continue her relationship with him. It also noted Tamecka failed to disclose certain things to her psychologist and was less than open during her testimony at trial, The Court also stated it was not convinced Tamecka accepted full responsibility for Maximillian’s death. It concluded that termination was in the children’s best interest because it is not shown that Tamecka can prioritize their safety over herself and her relationships.