In Interest of Stoppkotte

312 N.W.2d 454, 210 Neb. 1, 1981 Neb. LEXIS 1002
CourtNebraska Supreme Court
DecidedNovember 13, 1981
Docket44042
StatusPublished
Cited by9 cases

This text of 312 N.W.2d 454 (In Interest of Stoppkotte) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Interest of Stoppkotte, 312 N.W.2d 454, 210 Neb. 1, 1981 Neb. LEXIS 1002 (Neb. 1981).

Opinions

White, J.

Appellants, James and Donna Stoppkotte, appeal from an order of the District Court for Hall County, Nebraska, affirming an order of the Hall County Court terminating appellants’ parental rights in their five children, James, Jr., Trinda, Mindy, Maria, and Joseph.

The first juvenile petition, filed March 26, 1979, alleged that Mindy, Maria, and Joseph, ages 6, 3, and 5 months, respectively, were children within the meaning of Neb. Rev. Stat. § 43-202(2) (Reissue 1978) in that their mother left home and her whereabouts was unknown, and that they lacked proper parental care by reason of the fault and habits of their parents. The second petition, filed April 25, 1979, alleged that James, Jr., and Trinda, ages 10 and 8, respectively, were children within the meaning of Neb. Rev. Stat. § 43-202(2) (Reissue 1978) in that they lacked proper parental care because their parents were both alcoholics and neglected the care of the children when drinking. It further alleged that the parents failed to provide proper medical, dental, and visual care for the children.

On April 25, 1979, a hearing was held to determine temporary custody of the children. The parents were present with their attorneys, as were the guardian ad litem and the county attorney. Evidence at this hearing showed that Mrs. Stoppkotte disappeared March 17, 1979, and her whereabouts was unknown until March 23, 1979. Grand Island Police Officer Gary Wayne Schwieger and Hall County Department of Public Welfare worker Margaret McClaren testified that they removed the children from their grandmother’s [3]*3home on March 22, 1979, after receiving reports that the children’s mother had abandoned them and that the grandmother could not take care of them. Upon arrival at the Stoppkotte home, they learned that James and Donna Stoppkotte and their five children were living in the living room of the grandmother’s two-bedroom home. Also living in the home was Mr. Stoppkotte’s older brother. McClaren testified that the children were dirty and lacked personal hygiene. The home was a mess and unkept. In McClaren’s opinion, she felt the grandmother was unable to care for the children because she was 79 years old and crippled. There were no clean clothes and only one baby bottle. Joseph, the youngest at 5 months, had a severe head cold. McClaren and Schwieger removed the children and took them to Children’s Village in Grand Island, Nebraska. When they returned, Mr. Stoppkotte was home. They explained to him what they had done and asked that he get some clothing for the children. Mr. Stoppkotte told them he had not seen his wife since March 17, 1979. McClaren testified that the following Monday, March 26, 1979, Mrs. Stoppkotte called her and said she was back.

Testimony showed that the children were in need of medical care at the time they were removed from the home. Four of the children had worms. Temporary custody was placed in the Hall County Department of Public Welfare pending further disposition.

On August 24, 1979, an adjudication hearing was held. At this hearing the parents admitted the allegations contained in the petitions. Both parents admitted being alcoholics. At the hearing, evidence was taken.

Exhibit 1 was a police report involving Mrs. Stoppkotte’s absence. Mrs. Stoppkotte said in the report that she was on her way to get some beer about 11:30 the morning of March 17, 1979, when she stopped at a friend’s home to make a telephone call. She stayed there for a while and had a few beers, then left with a man to go pick up the beer. According to Mrs. Stoppkotte, the [4]*4man drove to his home after picking up the beer, dragged her inside, and raped her several times. She reported the man locked her in his home for the entire week and forced her to have intercourse between 35 and 40 times during the week. An investigation into the incident discredited Mrs. Stoppkotte’s story.

Other exhibits involve psychological evaluations of Donna, James, and the five children. The entire family was seen at the Mid-Nebraska Community Mental Health Center in Grand Island, Nebraska. Mrs. Stoppkotte was diagnosed as having alcohol addiction. She was recommended to receive treatment at the center and was urged to attend Alcoholics Anonymous (AA) meetings. Mr. Stoppkotte was diagnosed as being an excessive habitual drinker. He was urged to receive alcohol treatment.

James, Jr., the oldest child, had been seen by the center before in regard to suicidal tendencies. Reports indicated he had a low self-concept and lacked adequate social skills to get along with his peers. He received individual therapy at the center.

Another exhibit indicated that the school nurse had urged Mr. and Mrs. Stoppkotte to seek dental and visual care for their oldest son, James, Jr., for the last 4 years. The remaining exhibits were dental reports showing extensive work needed by the children at the time they were removed.

On May 8, 1979, Mrs. Stoppkotte voluntarily admitted herself into the Hastings Regional Center, Hastings, Nebraska, for treatment of alcoholism. She checked out of the program after only 3 days. Reports indicated that she had a poor view of her drinking problem.

The children were adjudicated minors in need of special supervision and temporary custody was to continue in the Hall County Department of Public Welfare. Arrangements were made for the rehabilitation of Mr. and Mrs. Stoppkotte. In July 1979 an agreement was entered into between the parents and the Hall County Department of Public Welfare. The conditions [5]*5of the agreement were as follows: (1) Bring all outstanding bills and wage statements to the Hall County Department of Public Welfare office so the budget could be worked out; (2) File for bankruptcy if necessary; (3) Attend AA meetings at least once per week and obtain written verification of attendance; (4) Continue to work with William W. Little of the Mid-Nebraska Community Mental Health Center; (5) Donna Stoppkotte should find employment and should cooperate with vocational rehabilitation; (6) Find more adequate housing prior to return of the children; and (7) Visit the children on a regular basis.

On January 3, 1980, a dispositional hearing was held. A motion to terminate parental rights which had been filed the previous day was withdrawn and testimony was heard on the rehabilitation progress of Mr. and Mrs. Stoppkotte since the adjudication hearing.

Reports from the Mid-Nebraska Community Mental Health Center, McClaren, and Rebecca Salmon of the Hall County Department of Public Welfare indicated progress of the children showed that they were adapting well to foster care. The opinions of social workers and mental health specialists indicated the children would be better off removed from their parents and remaining in foster care.

McClaren testified that she had tried to work with Mr. and Mrs. Stoppkotte to rehabilitate themselves. She indicated that they had complied with very few of the conditions they agreed upon. The entire testimony at this hearing showed that the parents had failed to comply with any of the conditions and to rehabilitate themselves. The court warned the parents of the consequences of their acts and gave them until March 28, 1980, to comply with the conditions. The only condition complied with was visitation of the children. On several occasions, Mr. Stoppkotte did not show up and Mrs.

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Cite This Page — Counsel Stack

Bluebook (online)
312 N.W.2d 454, 210 Neb. 1, 1981 Neb. LEXIS 1002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-interest-of-stoppkotte-neb-1981.