SUMMARY: Evidence supported terminating the mother’s parental rights when the mother was incarcerated and the children had all spent significant portions of their lives in foster care, even though there was evidence that the mother attempted to maintain contact with the children.
On September 18, 2008, Zakery (DOB 7/2003) and Freyja (DOB 1/2008) were removed due to unsanitary conditions. The children were returned to the home within a month; however, Angel, the mother, was arrested on federal drug charges shortly after the children’s return. Jason, the father, developed a safety plan with DHHS which prohibited Angel from having any contact with Zakery or Freyja. When Angel was released on bond, this safety plan was violated when Jason and the children met with Angel. Angel and Jason attempted to leave the state with their children. DHHS removed the children from the home on November 12, 2008. Angel was sentenced to 77 months in prison for conspiracy to manufacture methamphetamine. Angel gave birth to Seth while incarcerated on July 2, 2009, who was immediately removed from her care. The State filed an amended motion to terminate parental rights on June 30, 2010, and Jason voluntary relinquished his parental rights. At the termination hearing held on June 20, 2011 as to Angel’s parental rights, evidence was introduced that Angel had a long history of alcohol and prescription drug abuse. In addition, evidence showed that the children all had impaired brain development, possibly due to Angel using alcohol or prescription pain medications during her pregnancies. All the children had been together in one foster home for an extended period of time. Angel introduced evidence that she was a good parent and would have a stable place to live with her children after being released from prison. A case worker testified that Angel had done more than any other parent on the case worker’s caseload to maintain contact with the children. Angel also had completed a drug abuse education class and a parenting class, but there was evidence that Angel continued to have problems with drugs and alcohol. Additionally, Angel testified that she continued to care for her children and could adequately parent them after her release. The juvenile court terminated Angel’s parental rights on December 18, 2012.
The Nebraska Court of Appeals affirmed the termination. The children had all been out of Angel’s care for significant periods of their lives. Though a parent’s incarceration, standing alone, does not provide grounds for termination, Angel’s incarceration rendered her incapable of providing any care. Angel had also demonstrated an inability to parent the children prior to her incarceration, due to an unsanitary home, abuse of prescription drugs, and her decision to abscond with the children. The Court also noted that Angel would require substantial additional efforts to parent the children following her release from prison. Though Angel did love her children and had met many of the goals set by HHS, the children had not spent any time with her since 2008 and Angel did not fully treat her drug and alcohol issues. The children require stability in their lives, and thus termination is in their best interests.