In re Interest of Justine J. & Sylissa J.
849 N.W.2d 509
| Neb. | 2014Background
- State petitioned to terminate Shawna's parental rights to Sylissa (14) and Justine (11) after drug paraphernalia found, domestic violence, and neglect; DHHS placed them in temporary custody.
- Juvenile court found abandonment under § 43-292(1) and aggravated circumstances under § 43-292(9) by clear and convincing evidence, but held there was no clear and convincing proof termination was in the children’s best interests.
- Permanency plan was guardianship or family preservation with the biological father or relatives, not adoption.
- Family permanency specialist Lee testified termination was in the children's best interests, but other witnesses offered little corroborating evidence on needs or progress.
- Court recognized guardianship as a permanent resolution and noted termination would not necessarily deliver more permanency for the children.
- Court affirmed the juvenile court’s decision, concluding no plain error in denying termination and that the best-interests standard was not met.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the State prove abandonment under § 43-292(1) and (9)? | State: abandonment established. | Shawna: rebuttal of abandonment. | Abandonment proven. |
| Was termination in the children’s best interests by clear and convincing evidence? | State: termination was in best interests. | Shawna: best interests not shown.</n> | Not shown; best-interests not proven. |
| Does guardianship/family preservation suffice as permanent resolution to avoid termination? | State: permanency through termination or other means relevant. | Shawna: guardianship maintains permanency possibilities. | Guardianship/family preservation can serve as permanent resolution; termination not required. |
Key Cases Cited
- In re Interest of Dustin H. et al., 259 Neb. 166 (Neb. 2000) (defines abandonment for § 43-292(1))
- In re Interest of Kantril P. & Chenelle P., 257 Neb. 450 (Neb. 1999) (termination only as last resort; absence of reasonable alternatives)
- In re Interest of Eden K. & Allison L., 14 Neb. App. 867 (Neb. App. 2006) (no clear and convincing evidence of best interests; guardianship considered permanent)
- In re Interest of Aaron D., 269 Neb. 249 (Neb. 2005) (focus on needs and interests of child; lack of testimony undermines proof)