In re Interest of Jahon S., 864 N.W.2d 228

Reon W. was sole custodial parent of three older children; he used/sold marijuana and was incarcerated on a possession-with-intent-to-deliver conviction (sentenced Sept. 10, 2013, to 3–5 years). He also was charged with assaulting another inmate.
Jahon S. was born Nov. 2013 while Reon was incarcerated; Jahon was placed with DHHS two days after birth and with the same foster parents caring for his siblings.
DHHS filed a supplemental petition (Sept. 2014) seeking termination of Reon’s parental rights to Jahon under Neb. Rev. Stat. § 43-292(2) (substantial/continuous neglect of the juvenile or sibling).
At the termination hearing Reon appeared with counsel but did not testify; DHHS presented testimony from the family’s permanency specialist and the foster parent about Reon’s incarceration, past drug conduct, lack of participation in services while incarcerated, and projected release date.
The juvenile court found § 43-292(2) satisfied and that termination was in Jahon’s best interests; Reon moved to reconsider after obtaining parole, the court denied relief, and Reon appealed.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Reon)	Held
Whether § 43-292(2) statutory ground (substantial, continuous, or repeated neglect of juvenile or sibling) was proven	Prior termination of rights as to siblings and evidence of Reon’s drug use, incarceration, and failure to care for siblings establish the same ground as to Jahon	Reon challenged sufficiency but record shows § 43-292(2) had been established in related proceedings	Court held § 43-292(2) was satisfied (court relied on earlier sibling termination and record)
Whether termination is in the child’s best interests (and whether Reon is unfit)	Reon’s voluntary criminal conduct leading to incarceration, ongoing inability to parent during Jahon’s entire life, refusal to accept responsibility, and stated unwillingness to cooperate with DHHS support termination	Reon argued (posthearing) that he was paroled and suddenly capable of parenting; sought reconsideration	Court held termination was in Jahon’s best interests; incarceration-related incapacity and lack of foreseeable reunification made Reon unfit for parenting

Troxel v. Granville, 530 U.S. 57 (2000) (parental rights are constitutionally protected)
In re Interest of DeWayne G. & Devon G., 263 Neb. 43, 638 N.W.2d 510 (2002) (incarceration may support termination where parent never cared for children and children have long foster placements)
In re Interest of Nicole M., 287 Neb. 685, 844 N.W.2d 65 (2014) (parental unfitness concept in termination analysis)
In re Interest of Kendra M. et al., 283 Neb. 1014, 814 N.W.2d 747 (2012) (best-interests and parental fitness standards)
In re Interest of Ryder J., 283 Neb. 318, 809 N.W.2d 255 (2012) (parental rights burden and standards)
In re Interest of Kalie W., 258 Neb. 46, 601 N.W.2d 753 (1999) (criminal conduct causing incarceration is voluntary and relevant)
In re Interest of Walter W., 274 Neb. 859, 744 N.W.2d 55 (2008) (children should not be suspended in foster care awaiting uncertain parental maturity)