In re Interest of Dannon C. et al.

Caselaw Number
A-08-1153
Filed On

SUMMARY: The father’s testimony as to his paternity of the child was sufficient to establish paternity. Reasonable efforts were not required to be proven in the termination of parental rights as the bases for termination were 43-292(1) and (7). 

Laquisha, DOB 3/17/97, is the child of Timothy. On June 2, 2008, the State filed a supplemental petition seeking termination of Timothy’s parental rights on the basis that Timothy had abandoned Laquisha by having no contact in the previous 6 months, and that Laquisha has been placed out-of-home 15 of most recent 22 months. At trial, Timothy testified that he was Laquisha’s father, that his paternity had been established in district court in 2000, and that he had been ordered to pay child support but had not paid. On October 7, 2008, the court terminated Timothy’s parental rights. Timothy appeals, alleging paternity was not sufficiently established and that the court erred in finding reasonable efforts were not required.
The Nebraska Court of Appeals affirmed the termination. The Court of Appeals found that Timothy provided sufficient testimony during trial that established paternity. As to reasonable efforts, the Court of Appeals noted that the only basis for termination of parental rights that required a finding that reasonable efforts were made is 43-292(6), related to the failure of the parent to successfully rehabilitate himself. In this case, the bases for termination were 43-292(1), abandonment, and 43-292(7), placement out-of-home for 15 of the previous 22 months. Therefore, the State has no obligation to prove reasonable efforts needed to made to reunify.