In re Interest of Noah C.
945 N.W.2d 143
Neb.2020Background
- Noah C., born 2013, was removed from mother Samantha H.'s care on December 5, 2017, and remained in out-of-home placement continuously thereafter.
- The State filed to terminate Samantha’s parental rights on March 28, 2019 under Neb. Rev. Stat. § 43-292 (including provisions (2), (3), (6), and (7)); trial was set for June 4, 2019.
- Samantha, proceeding pro se with standby counsel, moved to continue the termination hearing claiming late receipt of her full file and that a witness (Joe Kozicki) was unavailable; the subpoena for Kozicki was quashed as improper.
- Trial evidence included testimony from a neuropsychologist and caseworkers that Noah improved in foster care, that Samantha displayed volatile/erratic and sometimes aggressive behavior during visits and meetings (including throwing a pillow and yelling), and that Samantha refused to sign consents for required psychological/parenting evaluations and failed to complete case-plan goals.
- Noah had been in out-of-home care for more than 15 of the most recent 22 months (approximately 18 months at trial); supervised visitation ceased after mid-2018 and reunification efforts stalled.
- The juvenile court denied the continuance, found § 43-292(7) (15 of 22 months) satisfied and termination in Noah’s best interests; the Nebraska Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of continuance | State/juvenile court: denial proper—Samantha had adequate notice and time; no showing subpoenaed witness was necessary | Samantha: needed more time to review recently received file and to depose witness Kozicki | Denial affirmed—court did not abuse discretion; Samantha had the file days before trial and failed to show witness materiality |
| Termination of parental rights (statutory grounds & best interests) | State: §43-292(7) satisfied (15+ months out-of-home) and clear and convincing evidence termination is in child’s best interests due to maternal unfitness | Samantha: termination not warranted; she attended many visits and presented supportive witnesses; procedural complaints | Affirmed—§43-292(7) established; record shows clear and convincing evidence mother was unfit and termination served Noah’s best interests |
Key Cases Cited
- In re Interest of Taeson D., 305 Neb. 279, 939 N.W.2d 832 (2020) (any single statutory ground under § 43-292 can support termination when best interests are shown)
- In re Interest of Jahon S., 291 Neb. 97, 864 N.W.2d 228 (2015) (parental rights are constitutionally protected and State must prove parental unfitness)
- In re Interest of Kendra M., 283 Neb. 1014, 814 N.W.2d 747 (2012) (best-interests and parental-fitness inquiries are fact-intensive and related)
- In re Interest of C.G.C.S., 225 Neb. 605, 407 N.W.2d 196 (1987) (trial court’s continuance rulings reviewed for abuse of discretion)
- In re Interest of Zanaya W., 291 Neb. 20, 863 N.W.2d 803 (2015) (on de novo review appellate courts may give weight to trial court’s credibility findings)