Evidence of a father’s criminal history prior to birth of the child was properly admitted. Evidence was sufficient to support termination of the father’s parental rights where the father had a long history of criminal behavior, was unable to hold a job, and did not have a sustained interest in the child.
A petition was filed on December 11, 1991 as to Theodore (DOB May 27, 1991) alleging Theodore lacked proper parental proper care by reason of the faults or habits of his mother, Tonia. Tonia admitted to the allegations and Theodore was adjudicated. Though Theodore’s father, George, was permitted to be involved in the proceedings, no allegations were made against him and no plan was ordered for him. An amended petition to terminate Tonia’s and George’s parental rights was filed on December 5, 1994. George filed a motion in limine claiming that his criminal history prior to Theodore’s birth was irrelevant; the court sustained the motion as to any convictions more than 10 years old. The termination hearing was held March 27, 29, 30, and 31, 1995. Tonia executed a relinquishment of her parental rights on the first day of trial. Testimony showed that George had a long history of criminal behavior and, at the time of the trial, had been sentenced to 15 to 30 years’ imprisonment for possession of crack cocaine with the intent to deliver. George testified that he helped Tonia care for Theodore prior to George’s incarceration. George did not formally request visitation until March 2, 1995, and received six visitations that lasted approximately 20 minutes. George never called Theodore or sent him any gifts or letters, but did set up a bank account in Theodore’s name to which he sent his prison earnings. The parties agreed that Theodore bonded with his foster parents and referred to George as “my friend.” Evidence also showed that Theodore had negative reactions to visitation with George, and that George would need extensive therapy to address his problems before being able to parent Theodore. The juvenile court terminated George’s parental rights on April 3, 1995.
The Nebraska Court of Appeals affirmed the termination of George’s parental rights. First, the Court of Appeals held the juvenile court properly considered George’s criminal history prior to Theodore’s birth. The criminal court was not required to inform him that his guilty pleas could be used as a basis to terminate his parental rights, and double jeopardy did not apply because juvenile proceedings are civil in nature. In addition, the evidence was sufficient to terminate George’s parental rights. George did not provide financial or emotional support for Theodore, never requested longer visitation, and continued to put himself in a position where he was unable to parent Theodore.