In re Interest of Chloe L. & Ethan L

Caselaw Number
14 Neb. App. 663
Filed On


SUMMARY: In examining the testimony of numerous medical experts disputing the explanations offered by the parents of their son’s multiple fractures, and given the rule that actual injury or physical harm is not required for the court to take protective steps, the Court of Appeals upheld a termination order with respect to both siblings, even though only one was physically harmed.

The parents’ appealed from an order terminating their parental rights to their two children after doctors’ discovered multiple fractures in various stages of healing during their son’s treatment for a broken arm.

The court found that the State proved by clear and convincing evidence that the parents’ rights should be terminated because the record established that the parents had control over the child during the period when the abuse or neglect occurred, and that many of the injuries normally would not have occurred in the absence of abuse or neglect. The court also concluded that termination was in both children’s best interests due to the severity of Ethan’s injuries and the rule that the court need not wait for Chloe to be physically harmed or actually injured before the court took “protective steps” in her interest.