In re Interest of Austin G.
24 Neb. Ct. App. 773
| Neb. Ct. App. | 2017Background
- Kayla S. is the natural mother of Austin G., born April 2012.
- Austin was adjudicated under Neb. Rev. Stat. § 43-247(3)(a) after Kayla left him home alone; guardianship was later placed with his paternal grandmother Terry G. in 2012.
- Guardianship arrangement became permanent in 2012-2013, with Kayla retaining no custody and the guardians serving as Austin’s guardians.
- Kayla petitioned for a visitation plan in 2013; a formal visitation schedule (supervised visits) was established in 2013.
- A termination petition was filed May 7, 2015, seeking to terminate Kayla’s parental rights under § 43-292(1)–(3) and (6), with trial conducted between October 2015 and June 2016.
- The district court found abandonment under § 43-292(1) and termination was in Austin’s best interests, but did not base termination on § 43-292(6).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is clear and convincing evidence of statutory grounds for termination. | Kayla’s abandonment supported under § 43-292(1). | Guardian contends other grounds and best interests apply; need not prove multiple grounds. | Yes; abandonment proven, allowing termination on that basis. |
| Whether termination is in Austin’s best interests given the guardianship context. | Termination serves Austin’s future stability. | Current guardianship provides stability; termination not necessary. | Termination in best interests; fit-parent presumption rebutted by unfitness shown. |
Key Cases Cited
- In re Interest of Alec S., 294 Neb. 784 (2016) (standard for proving statutory grounds and best interests; de novo review of records)
- In re Guardianship of D.J., 268 Neb. 239 (2004) (guardianship does not erase parental interest or need for relationship)
- Kenneth C. v. Lacie H., 286 Neb. 799 (2013) (distinguishes best interests from past abandonment; permanency considerations)
- Wayne G. v. Jacqueline W., 21 Neb. App. 551 (2013) (best interests require timely rehabilitation; permanency concerns)
- In re Interest of Justine J. & Sylissa J., 288 Neb. 607 (2014) (definition of abandonment and punctuation of contact evidence)
- In re Interest of Octavio B. et al., 290 Neb. 589 (2015) (de novo review; weight of court observations in conflict evidence)