SUMMARY: Termination of parental rights was proper where the children had been in foster care for a substantial period of time, where the father had been incarcerated off and on during that time and had only sporadically visited the children.
Tyler W., DOB 5/07, and Landon W., DOB 10/08, were removed from the home on November 26, 2007, and February 3, 2009, respectively. Casey was ordered to comply with a case plan which included completing a full psychological evaluation and follow recommendations, paying child support, completing a parenting class and demonstrating ability, and ensuring sex offender registration. Casey did not complete the psychological evaluation, register as a sex offender or complete the parenting class. Casey was on probation for failure to register as a sex offender, and had earlier been incarcerated, but continued to avoid registering which the caseworker testified compromised the ability of him to provide permanency. He had also had several protection orders against him and subsequent violations. Casey had been offered parenting time twice a week but never was able to make both visits and requested a decrease to one time a week. On June 25, 2010, the State filed a petition to terminate the parental rights of the father, Casey. After trial on December 1, 2010, the juvenile court terminated his parental rights. The father appealed.
The Nebraska Court of Appeals affirmed the termination of parental rights. It first addressed Casey’s claim that evidence of prior convictions were erroneously admitted but the Court of Appeals held that similar testimony was adduced during trial without Casey’s objection. The Court of Appeals then held that termination was in the children’s best interests because the children had been in foster care a substantial amount of time, Casey had been “in and out of incarceration” and did not consistently visit the children.