In re Interest of Louis C.
A-16-1122
| Neb. Ct. App. | Jun 27, 2017Background
- Louis (born 2013) was removed in Aug. 2014 after mother Esmeralda was admitted to a hospital in a psychiatric crisis (suicidal ideation, self-harm, delusions) and the child showed signs of neglect; child was placed in foster care and remained there.
- State filed petitions alleging juvenile was at risk due to parents' faults/habits; later amended petitions charged termination under Neb. Rev. Stat. § 43-292(2), (6), and (7) as to both Esmeralda (mental illness, substance use) and father Erasmo (failure to supervise, shared delusions).
- Court-ordered reunification services and supervised visitation were provided; both parents participated in many services and visits but exhibited persistent delusional beliefs (a "Nelson" conspiracy), threats, medication noncompliance, and other instability tied to mental illness.
- Psychological evidence at the termination trial diagnosed Esmeralda with schizoaffective disorder (bipolar type) and Erasmo with shared delusional disorder and cognitive limitations; much trial testimony linked problematic parenting behavior to mental illness.
- The State did not allege termination under § 43-292(5) (mental deficiency/long-term mental illness) and relied chiefly on evidence of the parents' mental impairments to support termination under §§ 2, 6, and 7.
- The juvenile court granted defendants' motions to dismiss the termination petitions for failure to make a prima facie case because the evidence primarily established mental illness rather than the statutory grounds pleaded; the State appealed and the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State presented a prima facie case to terminate parental rights under § 43-292(2), (6), and (7) | State: Evidence of neglect, failed reunification, and 15+ months out-of-home supports termination under §§ 2, 6, 7 | Parents: Evidence primarily shows mental illness; State failed to plead § 43-292(5), so mental-illness evidence is immaterial to pleaded grounds | Held: Dismissal affirmed — State failed to make prima facie case as pled because evidence centered on mental illness not the alleged statutory grounds |
| Whether the State could rely on mental-deficiency/mental-illness evidence at trial without pleading § 43-292(5) | State: Mental-health evidence supports termination under pleaded sections regardless of label | Parents: State did not plead § 43-292(5); presenting that evidence was improper and cannot substitute for the pleaded grounds | Held: The court cannot rely on unpleaded § 43-292(5) theory; State’s failure to plead § 43-292(5) undermined its case when evidence focused on mental illness |
| Standard of appellate review | State: Juvenile court erred factually/legaly in dismissing — review de novo supports reversal | Parents: Juvenile court properly dismissed based on mismatch between proof and pleadings | Held: Appellate court reviews de novo and, applying precedent, affirmed dismissal because proof did not support the pleaded statutory grounds |
Key Cases Cited
- In re Interest of Michael B. et al., 258 Neb. 545, 604 N.W.2d 405 (2000) (State may not present evidence of mental deficiency as a ground for termination when it failed to plead § 43-292(5); termination may still be affirmed if independent pleaded grounds are proved)
- In re Interest of J.N.V., 224 Neb. 108, 395 N.W.2d 758 (1986) (court observed that proceeding under § 43-292(5) might be more fitting in severe mental-illness cases but affirmed termination where other pleaded grounds were supported)
- In re Interest of Cassandra B. & Moira B., 290 Neb. 619, 861 N.W.2d 398 (2015) (juvenile appeals are reviewed de novo on the record)