In Re Interest of D.

352 N.W.2d 566, 218 Neb. 23, 1984 Neb. LEXIS 1162
CourtNebraska Supreme Court
DecidedJuly 20, 1984
Docket83-583
StatusPublished
Cited by19 cases

This text of 352 N.W.2d 566 (In Re Interest of D.) 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 Re Interest of D., 352 N.W.2d 566, 218 Neb. 23, 1984 Neb. LEXIS 1162 (Neb. 1984).

Opinions

Shanahan, J.

The county court for Buffalo County, sitting as a juvenile court, terminated the parental rights of the father and mother to their minor child, and the parents appealed to the district court, which affirmed. This appeal followed, and we affirm.

[24]*24• The father and mother were married on November 17,1979. They first arrived in Kearney, Nebraska, in late August 1980. Approximately 1 month later, on September 21,1980, the child was born and the family moved in with friends. That living arrangement continued until December 11,1980, when the parents in these proceedings and their child moved. Because the parents were unable to provide immediate housing for themselves and their child, the parents voluntarily placed the child with the Buffalo County Department of Social Services for temporary foster care. On December 19, 1980, a juvenile petition was filed, alleging that the child was as described in subsections (1) and (2) of Neb. Rev. Stat. § 43-202 (Reissue 1978).

On January 7,1981, a hearing was held at which the parents admitted that their child was a child as described in § 43-202(1), namely, that the child was “homeless or destitute, or without proper support through no fault of his parent...” Cf. Neb. Rev. Stat. § 43-247 (Cum. Supp. 1982) (substantially similar language). Upon the evidence the county court made an adjudication determining the child to be as described in § 43-202(1), and ordered a plan of parental rehabilitation, namely, the child could be returned to the parents’ home on condition that the parents (1) showed employment stability, (2) provided a suitable and stable home environment, (3) demonstrated financial and physical abilities to care for the child, and (4) cooperated in all programs required by the county department of social services.

Physical custody of the child was transferred from the county department of social services to the parents on February 14, 1981. The department of social services continued supervision of the child and his parents. The parents were required to keep doctors’ appointments, receive psychological evaluations, cooperate with a homemaker from the welfare department in order to improve their home environment, and maintain an adequate living environment for the child. By mid-March 1981 the father had no steady employment, and failed to cooperate in the programs offered and required by the welfare department. The child developed a severe diaper rash which was brought to the attention of a physician only after intervention by the welfare department’s homemaker. Although medicine for the child’s diaper rash was obtained once, the parents did not refill [25]*25the required prescription to alleviate the child’s rash, notwithstanding that the parents found money to purchase approxi.mately two packs of cigarettes each day.

Before any further intervention by the court, and in violation of a January 7, 1981, court order forbidding removal of the child from the court’s jurisdiction, the parents took their child to Florida. Felony charges of an unspecified nature were filed against the parents for removing their child from Nebraska. The parents were returned to Nebraska from Florida through extradition proceedings in the late summer or early fall of 1981. In September 1981 the child was returned to Nebraska and placed in renewed foster care. In Nebraska the parents’ efforts to take advantage of rehabilitative services afforded by the welfare department were sporadic. The rehabilitation program had little or no success. The mother visited the child twice from the fall of 1981 to February 1982, while the father visited the child only once during that period.

On February 2, 1982, a review hearing was held, and the court ordered a definite rehabilitation program for the parents. This program required the parents to (1) secure and maintain full-time employment; (2) locate suitable housing; (3) participate in and complete the following specific programs: (a) classes designed to improve skills for the care and management of children, (b) alcohol treatment, and (c) marital counseling; (4) follow terms and directions of their felony probations; and (5) cooperate with the department of welfare and the services of its homemaker. The parents were allowed reasonable visitation of their child during such proposed program.

The father had a severe alcohol problem. However, because he believed he could control his alcoholism without outside help, the father exhibited limited participation in the county’s counseling services and discontinued Antabuse prescribed as part of the father’s treatment for alcoholism and rehabilitation. The only requirement regarding parenting classes was the physical presence of the parents at 7 of 10 class sessions. The mother completed the parenting classes, but the father did not. Marital counseling at the South Central Community Mental Health Services was terminated when the parents failed to pay a $1 per session fee for eight sessions. According to the father, [26]*26there were several months that he could have paid the total back fees of $8, but the father acknowledged nonpayment because he did not care to continue counseling. Throughout this time, the father’s employment was still sporadic, and the mother forgot several appointments with the county’s homemaker. The family fell in arrears in rent and were forced to move again.

In December 1982 the Buffalo County attorney’s office requested a dispositional hearing for the termination of parental rights. The dispositional hearing was held on January 21 and February 2,1983. After receiving evidence the county court entered an order terminating the parental rights of the appellant parents. That order was affirmed on appeal to the district court.

The parents contend the evidence before the court was insufficient to support termination of parental rights.

“In an appeal of a juvenile case, including termination of parental rights, we review the record de novo, and regarding disputed facts make our own findings independent of any conclusion reached by the trial court.” In re Interest of W., 217 Neb. 325, 329, 348 N.W.2d 861, 864 (1984); cf., State v. Kinkner, 191 Neb. 367, 216 N.W.2d 165 (1974); State v. Rice, 204 Neb. 732, 285 N.W.2d 223 (1979); In re Interest of Brungardt, 211 Neb. 519, 319 N.W.2d 109 (1982); In re Interest of Roman, 212 Neb. 919, 327 N.W.2d 36 (1982).

The county’s homemaker informed the parents of hygiene, nutrition, meal planning, and general child care. According to the homemaker, the goal of her efforts is “to help people to learn how to take care of their home so they can take care of their children and have their children.” The child was in the physical custody of his parents from February 14 through August 5, 1981, when the family moved to Florida. Despite her efforts over this 6-month period, the county’s homemaker saw no improvement in parental skills.

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Bluebook (online)
352 N.W.2d 566, 218 Neb. 23, 1984 Neb. LEXIS 1162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-interest-of-d-neb-1984.