In re Interest of Jameson S.
A-16-243
| Neb. Ct. App. | Oct 11, 2016Background
- Robert is biological father of four children: Jameson S. (born 2012), Jozlyn S. (2011), Jerzi S. (2010), and Iniyah S. (2008).
- State petitioned for termination after adjudication that the home was filthy and unsafe and children were at risk; adjudication occurred June 13, 2013.
- Children were removed October 17, 2014, due to methamphetamine and marijuana exposure; Robert tested positive for methamphetamine and marijuana.
- Court ordered IFP, abstinence, drug testing, employment, and housing; visitation initially supervised, later suspended for noncompliance.
- In 2015–2016, State sought termination under §43-292(2) and (6); multiple witnesses testified about parenting deficiencies, lack of progress, and ongoing substance abuse; court terminated parental rights.
- The appellate court conducted de novo review and affirmed termination, finding §43-292(6) satisfied and that termination was in the children’s best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 43-292(2) and (6) support termination | State contends § 43-292(6) proven; substantial and continuing failure to correct conditions. | Robert argues insufficient progress toward reunification to terminate. | Yes; § 43-292(6) satisfied; termination warranted. |
| Whether termination is in the children’s best interests | State presents long-term failure to progress; need for permanency. | Robert’s parental bond weighs in favor of preserving rights. | Yes; termination in the children’s best interests. |
Key Cases Cited
- In re Kendra M. et al., 283 Neb. 1014 (2012) (best interests presumption applies; unfitness must be shown to overcome it)
- In re Interest of Miah T., 23 Neb. App. 592 (2016) (de novo review approach in juvenile cases)
- In re Interest of Shelby L., 270 Neb. 150 (2005) (evidence of neglect and unfitness relevant to best interests)
- In re Interest of Walter W., 274 Neb. 859 (2008) (child’s best interests require permanency; foster care not ideal option)
- Jeremiah J. v. Dakota D., 287 Neb. 617 (2014) (definition of parental unfitness in termination context)