SUMMARY: Termination of parental rights was proper under Neb. Rev. Stat. 43-292(6) because the mother had been offered services including individual therapy, parenting time and case management but failed to correct the conditions to allow reunification.
Americal, DOB 4/23/07, was removed from the mother, Destini, at birth due to the unexplained injury of another child one month earlier. The State also alleged alcohol and substance use, which Destini admitted to at adjudication. Destini was ordered by the court to complete several evaluations, attend therapy, obtain housing and employment and participate in visitation. Destini failed to comply with a substantial portion of the disposition order and, on January 16, 2009, relinquished her parental rights to Americal. On October 26, 2008, Destini gave birth to twin boys, Rumneilious and Romance, who were removed from her one month later for failure to thrive and her refusal to cooperate. On January 20, 2009, Destini admitted to the allegations at adjudication that she failed to make progress in reunifying with Americal. The court ordered a similar disposition plan on March 10, 2009. Destini was incarcerated in March and April 2009, failed to attend any therapy sessions, missed a substantial number of visits and had inappropriate conduct during some visits, failed to secure stable employment and appropriate housing, and didn’t consistently meet with the caseworker. Destini also failed to establish a bond with the children during the visits. The State filed a motion to terminate Destini’s parental rights on August 3, 2009, and the juvenile court terminated her parental rights to Rumneilious and Romance after trial on October 1 and 2, 2009.
The Nebraska Court of Appeals upheld the juvenile court’s termination of parental rights under Neb. Rev. Stat. 43-292(6), which provides that reasonable efforts have failed to correct the conditions that led to out-of-home placement. Upon reviewing all the requirements of the dispositional order that Destini failed to comply with since the twin boys were removed in November 2008, the Court of Appeals also noted that Destini had a total of 29 months to work on her case plan, which included Americal’s case, but failed to make any notable progress during that lengthy amount of time. The Court of Appeals found that DHHS made reasonable efforts in assisting Destini reunify with the children which included assistance in setting up therapy and that she had been afforded reasonable time to comply with the rehabilitation plan but has shown little willingness to comply.