SUMMARY: Termination of parental rights was proper where the mother failed to comply with UAs, did not attend chemical dependency treatment and continued a relationship with a man who was a barrier to reunification.
Gary L. and Leanna L. were removed from the mother, Teresa L., on July 23, 2010, after law enforcement found the home crawling with insects and Teresa admitted to using drugs and having drug equipment in the bedroom. On August 4, 2010, Gary and Leanna were found to be within the meaning of N.R.S. 43-247(3)(a) and the court ordered the mother to undergo a pretreatment assessment and chemical dependency evaluation, maintain stable housing, undergo random drug testing and attend supervised visits. Several review hearings were held over the next year. The mother did not complete a chemical dependency evaluation. Dual diagnosis therapy was set up but the mother never attended because of a staff change, and the mother never signed a release as requested to allow the caseworker to speak with therapists. The mother regularly failed to show up for required drug testing and when she did she tested positive for methamphetamine. She was also continuing to live with a man who had been convicted of sexual abuse and child abuse and refused to leave him even after being told that he was a barrier to reunification. She missed many visits with the children and the children’s behaviors increased after visits. The children eventually requested that visits end. On December 16, 2011, the State filed a motion to terminate the mother’s parental rights. Trial was held on June 14 and 26, September 18 and 20 and October 23, 2012, and the court terminated the mother’s parental rights. The mother appealed.
The Nebraska Court of Appeals affirmed the termination of parental rights. It first found that the statutory grounds under N.R.S. 43-292 were satisfied because the children were out of home more than 15 of the past 22 months. As to best interests, the Court of Appeals noted the mother’s repeated missed and failed drug tests, failure to complete a chemical dependency evaluation, continued relationship with a man convicted of sexual abuse and child abuse and the many missed visits. It concluded that while the mother loves her children, the children were confused by the situation and negatively affected by it and that after two years, there was not sufficient progress.