In re Interest of Mario K., Jr.

Caselaw Number
A-12-246
Filed On


SUMMARY: Termination of the father’s parental rights was proper where the child had been in foster care 19 months and the father had done little to comply with the case plan, including working on domestic violence issues.

Mario Jr., DOB 2/10, was removed from the mother at birth and an amended petition was filed in April 2010 alleging the father, Mario Sr., did not provide proper care to Mario Jr., engaged in violent behavior, and used alcohol and/or controlled substances. Mario Jr. was adjudicated under the petition in June 2010. Mario Sr. attended visits regularly until he was incarcerated in June 2011. However, he failed to complete drug treatment and AA, did not complete a domestic violence program, did not provide proof of income and stopped attending visits after he left jail. In September 2011, the guardian ad litem filed a motion to terminate his parental rights. Mario Sr. objected to testimony of 2 witnesses on the basis that the list was submitted only 20 days before trial but the court overruled the objection. After trial on February 24, 2012, the court terminated the father’s parental rights. The father appealed.

The Nebraska Court of Appeals affirmed the termination. Regarding best interests, it noted that Mario Sr. failed to comply with most of the case plan requirements and had only one visit in the last 8 months of the case. As to Mario Sr.’s objection to the witnesses, the Court of Appeals found that any error would be harmless because other witnesses testified similarly.