SUMMARY: Termination of parental rights was proper where over four years the parents did not maintain consistency in any area of their lives, were not able to become adequate parents and consistently refused to cooperate with parties.
Taylor S., DOB 5/04, and Maddison S., DOB 4/05, were removed from the home in April 2007, on the basis that the parents, Jeffrey and Rebecca, were homeless, unemployed and unable to care for the children. The parents admitted to a portion of the petition on July 12, 2007, and review hearings were held for several years (a timeline which include a filing and then dismissal of a petition to terminate parental rights in late 2008). The parents lived in at least 7 residences in the 4 years the case was open and they continued to struggle with maintaining housing at the time of termination, not having a regular residence at that time. Rebecca was able to maintain fairly regular employment at fast-food restaurants but would not provide verification and so the number of hours and her salary were unknown. Jeffrey did not maintain stable employment and it was unclear when and where he was employed. Their combined salaries did not make them self-sufficient, and the parents continued to receive financial assistance from DHHS but often spent the money on non-vital things like gambling and entertainment. Neither parent completed individual therapy as recommended. Rebecca did not attend at all; Jeffrey attended but was inconsistent in applying principles to his life and he stopped attending in December 2009. Rebecca was consistent in attending family therapy but had stopped by August 2010, and Jeffrey rarely attended. The parents attended supervised visitation and somewhat improved their parenting skills, transitioning to unsupervised visitation. However, the parents refused to comply with “drop-ins” by visitation workers and visits were returned to supervised. The parents’ attendance at visits declined to the point that at trial in March 2011 Jeffrey had not seen the children in 3 months and Rebecca was visiting one time per week even though given unlimited access. On December, 30, 2010, the State filed motions for termination of parental rights. After trial in March and April 2011, the court terminated the parents’ parental rights. The parents appealed.
The Nebraska Court of Appeals affirmed the terminations of parental rights. It first found the children had been out of home more than 15 of the prior 22 months. It then reviewed the evidence above and concluded that despite DHHS’ efforts over four years, the parents could not demonstrate consistency in any area of their lives, which was necessary for their children with special needs, and were not able to adequately parent. The Court of Appeals also noted the parents’ repeated refusal to be cooperative, and concluded that termination is in the children’s best interests.