In re Interest of Gabriella N.
A-16-507
| Neb. Ct. App. | Jul 18, 2017Background
- In 2013 DHHS removed April N.'s five children after April claimed serious medical conditions (including cancer) that were largely unverifiable; April pleaded no contest to the amended juvenile petition alleging risk to the children.
- Services and reunification efforts included psychiatric/psychological evaluations, intensive family preservation, supervised visitation, therapy, and referrals; April had inconsistent therapy attendance and frequent moves/jobs.
- Multiple clinicians diagnosed or opined concerns (factitious disorder, malingering, antisocial personality traits) and recommended sustained treatment and that April not be unsupervised with the children.
- The children were placed in out-of-home care beginning September 2013 and, by mid-2015, remained separated; the State moved to terminate April’s parental rights in June 2015 and amended the motion in March 2016.
- The juvenile court found grounds for termination under Neb. Rev. Stat. § 43-292(2), (6), and (7), and concluded termination was in the children’s best interests; April appealed.
Issues
| Issue | Plaintiff's Argument (April) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether the State proved neglect under § 43-292(2) | April argued the State failed to prove continuous substantial neglect | State argued April’s deception about medical conditions, failure to address mental health, and inability to safely parent established neglect | Court affirmed termination but relied on § 43-292(7) so did not need to decide §(2) further; record supports neglect findings |
| Whether reasonable efforts failed to correct adjudication under § 43-292(6) | April contended the State did not show reasonable efforts or that efforts failed | State pointed to sustained services, evaluations, therapy offers, and April’s noncompliance/insufficient progress | Court found reasonable efforts had been made and that efforts failed, but relied principally on § 43-292(7) for termination |
| Whether the children met the 15-of-22-months out-of-home placement requirement under § 43-292(7) | April did not contest this finding | State showed children were out of the home since Sept. 2013 through the motion and hearing dates | Court held § 43-292(7) was satisfied and used it as a sufficient statutory basis for termination |
| Whether termination was in the children’s best interests (parental fitness) | April argued she had made progress and that preservation should continue; challenged best-interests finding | State argued April remained unfit due to unmanaged mental health, deception, rule violations in visitation, and the children’s need for permanency | Court held April was unfit and termination was in the children’s best interests given lack of sustained treatment, impact on children, and need for permanency |
Key Cases Cited
- In re Interest of Alec S., 294 Neb. 784, 884 N.W.2d 701 (Neb. 2016) (parental unfitness and best-interests framework; last-minute compliance does not prevent termination)
- In re Interest of Sir Messiah T., 279 Neb. 900, 782 N.W.2d 320 (Neb. 2010) (§ 43-292 enumerated statutory grounds for termination)
- In re Giavonna G., 23 Neb. App. 853, 876 N.W.2d 422 (Neb. Ct. App. 2016) (if one statutory ground is proven, appellate review need not address other grounds)