S-13-0339, In re Interest of Joseph S. et al.
Douglas County Juvenile Court, Judge Elizabeth Crnkovich
Attorneys: Christine D. Kellogg (Public Defender’s Office) (for natural mother Kerri S.) --- Jennifer Chrystal-Clark (County Attorney’s Office) (Appellant) --- Maureen K. Monahan (GAL for minor children)
Civil: Adjudication / termination
Proceedings below: The juvenile court found the children to be within the meaning of Neb. Rev. Stat. § 43-247(3)(a) but found the children were not within Neb. Rev. Stat. § 43-292(2) for lack of clear and convincing evidence that it was in the best interests of the children to terminate Appellant’s parental rights. The court dismissed Counts III and IV of the amended petition. The Court of Appeals affirmed. Appellant filed a Petition for Further Review which was granted by the Nebraska Supreme Court.
Issues: The Court of Appeals erred in finding the State failed to present clear and convincing evidence that termination of parental rights of Kerri S. as to Joseph S., William S. and Steven S. under Neb. Rev. Stat. § 43-292(2) was appropriate and in the best interests of the minor children.