In re Interest of Cairo and Coby

Caselaw Number
A-11-1024
Filed On


SUMMARY: Despite the fact that the mother testified she did everything that was asked of her, evidence of a pattern of refusing to accept responsibility and a failure to improve on shortcomings was sufficient to support a termination of parental rights.

On April 3, 2009, the State filed a petition alleging Jennifer subjected her sons, Cario (DOB 12/6/05) and Coby (DOB 7/24/07), to improper punishment, and the children were adjudicated on April 10, 2009. On October 26, 2010, the State filed a motion to terminate Jennifer’s parental rights, and a hearing on that motion was held May 17 and 18 and October 13 and 14 of 2011. At the hearing, evidence showed that Jennifer had several instances of aggressive behavior toward therapists, and a pattern of missing scheduled visitations. Additionally, there was evidence that Jennifer was involved in domestic violence with her boyfriend. Jennifer testified that she did everything asked of her by the court and the missed visits were at the fault of her case workers. The juvenile court terminated Jennifer’s parental rights on December 1, 2011.

The Nebraska Court of Appeals affirmed the termination of parental rights. The court noted that Jennifer refused to accept any treatment plan from her therapists and refused to focus on her own shortcomings. Additionally, Jennifer had a pattern of refusing to accept responsibility and of aggressive behavior. Although Jennifer did obtain housing, the housing was note safe or stable. Therefore, termination of parental rights was in the children’s best interests.