SUMMARY: Removal and placing custody with the Department of Health and Human Services was proper when there was evidence of alcohol use and a pattern of leaving the children unsupervised.
A petition was filed March 12, 2012 alleging Takeyla, the mother, and Terrence, the father, did not provide proper care for their children, used alcohol excessively, and conducted themselves erratically. The children, Te’shaun, Tierre, Tivean and Tre’sor, were removed from the home and placed with their paternal grandmother. At the detention hearing held on April 11, April 25 and May 9, 2012, evidence was introduced to show the parents had a pattern of leaving their children unsupervised. On January 20, 2012, police officers investigated a report that the three youngest children were left at home. Following this incident, a safety plan was put into place that directed the parents not to leave the children unsupervised. There was continued concern about the children’s safety because the mother was resistant to services; after the safety plan expired, Takeyla refused to cooperate with workers and the children were removed from the home. There was also evidence that Takeyla acted erratically, used drugs, and displayed violent behavior in front of the children.
The Nebraska Court of Appeals affirmed the removal and placement of custody with the DHHS. As to Takeyla, the mother, there was evidence that she had a pattern of leaving the children unsupervised and also displaying violent behavior. As to Terrence, the father, though he was not always at home when the children were left alone, he still had responsibility for the safety and care of his children. Also, Terrence knew about Takeyla’s drug use and violent behavior and failed to place the children in a safe situation.