SUMMARY: Termination of parental rights was proper where the father failed to stop engaging in domestic violence, had an unstable living environment and failed to complete many court-ordered services including a batterer’s group.
Shyan, DOB 9/08, was removed from the parents’ home on March 9, 2009, due to domestic violence between the parents, Roger and Annie. Roger admitted to the allegations in the petition and the court continued out of home placement. Up to Shyan’s removal, there were several incidents of law enforcement involvement with the family due to physical violence between Roger and Annie. After removal, Roger was ordered to attend a batterer’s group but attend only three of 36 sessions due to his employment as a truck driver. Roger and Annie broke up and reunited more than 24 times during the period of removal and continued to commit acts of violence against each other. Roger’s employment was also unstable and he was evicted from his apartment. Roger was ordered to attend individual therapy but only attended 7 sessions and did not successfully complete treatment. On September 8, 2010, the State moved to terminate Roger’s parental rights to Shyan. Several visitation workers and other professionals testified as to Roger’s intimidating demeanor toward them, his threats of violence and verbal abuse. The caseworkers testified as to concern for Shyan’s well-being due to the domestic violence. After trial, the juvenile court terminated Roger’s parental rights. Roger appeals.
The Nebraska Court of Appeals affirmed the termination. In discussing best interests, it noted the impact of domestic violence on children, which includes uncertainty, fear and mixed loyalties to parents, and the children’s ability to sense what is occurring even if not actual witnesses. The Court of Appeals held that Roger did not make sufficient progress to address the domestic violence – noting his failures to complete therapy or the batterer’s group – and could not maintain a stable environment for Shyan. The Court of Appeals also noted Roger’s continued engagement in domestic violence with Annie and concluded termination was in Shyan’s best interests.