SUMMARY: A single incident which included strangling causing hemorrhaging, damaging the child’s genitals and the existence of bruising is sufficient to be considered aggravated circumstances under N.R.S. 43-292(9), even though there was no permanent injury as a result. Termination of parental rights to a sibling of the abused child was proper where the father could not adequately respond to the normal stress of parenting, where there was a high risk of harm to any child left unsupervised with him, where the father was still incarcerated and where his mental health issues could only be addressed by long-term therapy.
Ryder, DOB 11/08, is the child of Randal. In separate incidents in 2008 and in 2009 Randal physically abused Ryder’s half-sibling Crue (and not Randal’s biological child) to the degree that Crue required medical intervention. A petition to terminate Randal’s parental rights to Ryder was filed after the second incident and trial was held. Doctors testified to the injuries suffered in both incidents, which included swollen genitals, a bruised jaw, and hemorrhaging in both eyes. A clinical psychologist who evaluated Randal diagnosed him with dependent personality disorder which could only be managed with long-term therapy and that allowing any child to be unsupervised around Randal would create an unreasonable risk of harm. After trial, the court terminated Randal’s parental rights to Ryder. Randal appealed.
The Nebraska Supreme Court affirmed the termination of parental rights. It agreed that the 2009 injuries showed aggravated circumstances and that there did not need to be a showing that the injuries caused permanent damage; otherwise it “would benefit parents whose abusive conduct, by dumb luck, did not permanently harm their children.” 283 Neb. at 325. And although Randal did not physically abuse his own child, Ryder, the Supreme Court noted that “the abuse of any child by an adult…calls that adult’s ability to parent into serious question.” Id. at 327. The Supreme Court noted that Randal could not appropriately deal with the stress of raising a child and that the only option available to address his issues was long-term therapy, which would prevent rehabilitation within a reasonable amount of time. Finally, the Supreme Court noted that Randal’s 2-4 year incarceration was an additional factor in favor of termination.