In re Interest of Aly T.

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In re Interest of Aly T.

Case Number
A-17-1237
Court Number
Douglas
Call Date
September 13, 2018
Case Time
9:30 AM
Case Summary

A-17-1237, In re Interest of Aly T. and Kazlynn T., children under 18 years of age. State of Nebraska v. Tiffany S. (Appellant)

Douglas County, Juvenile Court Judge Christopher E. Kelly

Attorney for Appellant:  Charles M. Bressman, Megan E. Lutz-Priefert (Anderson, Bressman, Hoffman & Jacobs, P.C., L.L.O.)

Attorney for Appellee:  Donald W. Kleine, Sarah Schaerrer (County Attorney’s Office)

Juvenile Action:  Termination of parental rights

Action Taken by Trial Court:  The juvenile court found that statutory grounds existed to terminate appellant’s parental rights, specifically Neb. Rev. Stat. § 43-292(2) and (6), and that termination was in the children’s best interests.

Assignments of Error on Appeal:  Did the juvenile court err in finding that the caseworker had the foundational requisites to give an expert opinion? Did the juvenile court err in allowing appellant only 7 months to complete an expansive and detailed rehabilitation plan? Did the juvenile court err in finding it was in the children’s best interests to terminate appellant’s parental rights?

Extended Case Summary

A-17-1237, In re Interest of Aly T. and Kazlynn T., children under 18 years of age. State of Nebraska v. Tiffany S. (Appellant)

Douglas County, Juvenile Court Judge Christopher E. Kelly

Attorney for Appellant:  Charles M. Bressman, Megan E. Lutz-Priefert (Anderson, Bressman, Hoffman & Jacobs, P.C., L.L.O.)

Attorney for Appellee:  Donald W. Kleine, Sarah Schaerrer (County Attorney’s Office)

Juvenile Action:  Termination of parental rights

     Tiffany S. is the mother of Kazlynn and Aly, who were removed in October 2016 when the girls were injured in a car accident due to their father’s drunk driving. Kazlynn was left in a vegetative state and Aly suffered a traumatic brain injury. The girls were adjudicated in April 2017 and Tiffany was ordered to comply with a rehabilitation plan related to parenting and substance abuse. In August 2017, the State filed a termination motion alleging that grounds existed to terminate Tiffany’s parental rights based on Neb. Rev. Stat. § 43-292(2) and (6) and that termination was in the children’s best interests.

     At trial in October 2017, the case worker assigned to Tiffany testified about Tiffany’s lack of participation in the rehabilitation plan and services offered and her visits with the children. Following trial, the juvenile court found that statutory grounds existed to terminate Tiffany’s parental rights pursuant to § 43-292(2) and (6), and that termination was in the children’s best interests.

            On appeal, Tiffany argues the case worker was not qualified to opine that termination was in the best interests of the children because she lacked the foundational requisites to provide an expert witness opinion. She also argues that the juvenile court erred in allowing her only 7 months to complete the rehabilitation plan, and that the juvenile court erred in finding it was in the children’s best interests to terminate her parental rights.

 

Case Location
York College
Court Type
Separate Juvenile Court
Schedule Code
A1
Panel Text
Pirtle, Riedmann, and Welch, Judges