S-22-0678 In re Interest of Jessalina M., State of Nebraska (Appellee) v. Samanatha M. (Appellant)
Appeal from County Court for Cheyenne County, Judge Paul Wess
Attorneys: Amber Horn (Chief Deputy Cheyenne County Attorney for Appellee), Gregory Rosen (Attorney for Appellant), and Audrey Long (Elliott Law Firm, GAL for the minor child).
Juvenile: Termination of Parental Rights and Best Interests
Proceedings below: The juvenile court terminated Appellant’s parental rights to Jessalina M. pursuant to Neb. Rev. Stat. §§ 43-292(2), (3), (5), (6), and (7), which the Court of Appeals affirmed. See In re Interest of Jessalina M., 32 Neb.App. 98, 994 N.W.2d 106 (2023). Appellant filed a Petition for Further Review, which the Supreme Court granted and ordered that this matter be transferred to its docket.
Issues: On Petition for Further Review, Appellant makes the following assignments of error: 1) The Nebraska Court of Appeals erred in its July 18th 2023 Opinion, when it affirmed Appellant’s parental unfitness under Neb. Rev. Stat. § 43-292(7) (Reissue 2016), because the minor child was not placed in out-of-home care for 15 of the most recent 22 months at the time of the Order; 2) The Appeals Court erred on July 18th 2023, when it affirmed the Cheyenne County Court's decision to terminate parental rights due to parental unfitness under Neb. Rev. Stat. § 43-292(7) (Reissue 2016), and that termination was in the child’s best interest; and 3) The Appeals Court erred by setting a new triggering precedent of the 22-month look-back time becoming the time of filing the petition, supplemental petition, or motion to terminate parental rights under Neb. Rev. Stat. § 43-292(7) (Reissue 2016).