SUMMARY: Termination was proper because the parents substantially and repeatedly neglected the children by failing to consistently visit for a substantial period of time and from refusing to comply with the case plan goals.
The children, Yiech Y, DOB 10/94, Gach Y., DOB 6/96, Nyakueth Y., DOB 8/97, Bijany M., DOB 2/99, Nylang M., DOB 12/00, Kang B., DOB 6/02, and Nyaleak B., DOB 9/04, were removed from the mother’s home on January 13, 2006, after the mother left Nylang and Kang alone with no adult supervision after being incarcerated. The children were adjudicated under 3a as to the mother. The father of the youngest 4 children, Paul, was not residing with the mother at the time but began residing with her again in March 2006. On May 22, 2007, Paul filed a complaint to intervene, which was granted, and on August 8, 2007, the State filed a 3a petition as to the fathers. The children were adjudicated as to Paul on March 27, 2008. Visits were started immediately after removal but they were inconsistent for the majority of the time. In April 2006, the parents asked that visits stop but restarted them again in June 2006. The parents often cancelled visits, and the court suspended them in February 2007. The parents moved to Seattle in April 2007, and had occasional visitation. The parents also visited the children in person a few times in 2007 and 2008 but one of the children did not recognize Paul. In May 2008, the parents indicated that they no longer wanted to participate in phone visits. There were a variety of concerns over visits, including allowing the children to watch violent programming, failing to interact, not speaking in a language the children understood or allowing an interpreter to be present. The family is Sudanese. The mother also threatened to kill an interpreter in one instance and the parents barred the door to prevent the children from leaving in another instance. There were also concerns as to physical abuse as several of the children revealed that the mother frequently hit them, leaving bruises. The mother was witnessed hitting one child with a toy cassette player and continuing to pour hot water on another child after the child began crying out in pain and the family support worker told her to stop. On May 15, 2008, the State filed a petition to terminate the parental rights of Nyalauk and Paul, and on April 20, 2009, the court terminated parental rights as to all 7 children. Paul and Nyalauk appealed.
The Nebraska Court of Appeals affirmed the termination of parental rights as to both parents. It concluded that the evidence overwhelmingly established that the parents substantially and continuously or repeatedly neglected and refused to give the children necessary parental care and protection, and that termination is in the children’s best interests. The Court of Appeals noted that because Neb. Rev. Stat. section 43-292(6) was not a basis for termination, a finding of reasonable efforts is not required. Finally, the Court of Appeals rejected Paul’s claims of violation of due process for failing to hold a detention hearing after an order on August 8, 2007, excluding Paul’s home as a placement option, finding that reasonable efforts had been offered since January 2006, that Paul was aware of the proceedings, and that Paul was residing with Nyalauk and therefore could not have had the children placed with him.