In re Interest of Hayden S. et. al

Caselaw Number
A-13-143
Filed On


SUMMARY: Termination of the mother’s parental rights was proper because she failed to partake in services and therefore reasonable efforts did not resolve the issues causing removal.

Hayden S., Krystopher S., Krysteena S., Mariannah S., and Fabienne S. were removed from the home of the mother, Latosha, in August 2011 after police discovered there was no running water, there were no beds or food for the children, the home was extremely dirty, and the mother stopped giving necessary medication to the youngest child. Latosha has a history of child welfare involvement. In December 2008, the oldest children were removed after a failed attempt to provide voluntary services and although the children were returned in August 2010, Latosha did not demonstrate consistent cooperation. By July 2011, DHHS had received multiple reports of neglect which led to the removal mentioned above. On October 26, 2011, Latosha admitted to the allegations and the children were found within the meaning of 43-247(3)(a). At disposition, Latosha was ordered to submit to evaluations, participate in therapy and family support services, look into community resources, have regular visits, and submit to random drug testing. Over the course of the next year, Latosha completed psychological and psychiatric evaluations but failed or refused to complete any other provisions of the rehabilitation order. She initially had regular visits but began failing to attend to the point that visitation agencies terminated their services twice. Latosha failed to attend scheduled therapy visits and the medical office terminated its relationship. She refused to look into community resources and never established a clean, stable home or employment. She did not maintain regular communication with her parent partner and went through three family support workers due to her lack of contact and unwillingness to cooperate. Latosha also failed to submit to any random drug tests. On August 14, 2012, the State filed a motion to terminate Latosha’s parental rights pursuant to 43-292(2) and (6). After trial in January 2013, the court terminated her parental rights under 43-292(2) and (6). Latosha appealed.

The Nebraska Court of Appeals affirmed the termination of parental rights. In reviewing the grounds for termination, it found that reasonable efforts were provided to Latosha – including therapy, visits, family support work, a parent partner and random drug tests – but Latosha failed to engage in those services and made no progress toward reunification. As to best interests, the Court of Appeals noted the children had been out of home 17 months and Latosha had still not addressed her mental health needs, had not attempted to obtain community resources, had not established safe and stable housing and did not consistently attend visits. The Court of Appeals noted that “Latosha was no closer to reunification with her children in January 2013 than she was in August 2011.” Page 8.