In re Interest of Ozmohisiz M., A-17-089

Mother Deyanira M.'s son Oz was removed at birth (Dec. 18, 2014) after positive drug tests; Oz remained in out-of-home placement with relatives thereafter.
The Department implemented a reunification-focused case plan requiring sobriety, stable housing/employment, counseling, parenting classes, and regular visits.
First termination motion filed Jan. 13, 2016; juvenile court denied termination in May 2016, finding recent progress but concern about sustainability.
Second termination motion filed Aug. 11, 2016; trial held Nov. 29, 2016. By then Oz had been out of home for over 23 months.
Record showed cyclical compliance and relapse: extensive failed/missed drug tests, unstable housing (≈11 moves), inconsistent employment, incomplete mental-health treatment, and mixed parenting performance during visits.
Juvenile court terminated parental rights Jan. 3, 2017, finding statutory grounds under Neb. Rev. Stat. § 43-292(2), (4), (6), and (7) and that termination was in Oz’s best interests; mother appealed.

Issue	Plaintiff's Argument (Deyanira)	Defendant's Argument (State)	Held
Whether clear and convincing evidence supports termination under § 43-292(7) (juvenile in out-of-home placement 15+ of most recent 22 months)	Argues § 43-292(7) additionally requires a showing of parental unfitness and that she is capable of parenting Oz	Argues Oz had been out of home >15 months and § 43-292(7) applies mechanically; one statutory ground suffices	Court affirmed: § 43-292(7) satisfied (Oz >24 months out of home); one ground enough when best interests shown
Whether termination is in the child’s best interests and whether parent is unfit	Asserts she made substantial recent progress and can parent; challenges findings on best interests/unfitness	Points to cyclical relapse, ongoing substance use, unstable housing/employment, untreated mental health, and Oz’s need for stability	Court affirmed: clear and convincing evidence termination was in Oz’s best interests and parent was effectively unfit given inability to sustain necessary stability

In re Interest of Carmelo G., 296 Neb. 805 (2017) (standard of de novo review in juvenile cases)
In re Interest of LeVanta S., 295 Neb. 151 (2016) (weight given to lower court’s witness credibility findings)
In re Interest of Alec S., 294 Neb. 784 (2016) (requirements for termination: statutory ground plus best interests)
In re Interest of Zachary D., 289 Neb. 763 (2015) (definition of clear and convincing evidence)
In re Interest of Jahon S., 291 Neb. 97 (2015) (parental unfitness and best-interests relationship)
In re Interest of Aaron D., 269 Neb. 249 (2005) (operation of § 43-292(7) as mechanical ground)
In re Elizabeth S., 282 Neb. 1015 (2012) (one statutory ground suffices if best interests proven)
In re Interest of Mya C., 23 Neb. App. 383 (2015) (evidence proving statutory grounds is relevant to best-interests analysis)