State v. Amanda T. (In re Interest of Brooklyn T.)

922 N.W.2d 240, 26 Neb. Ct. App. 669
CourtNebraska Court of Appeals
DecidedDecember 11, 2018
DocketNo. A-18-518.
StatusPublished
Cited by30 cases

This text of 922 N.W.2d 240 (State v. Amanda T. (In re Interest of Brooklyn T.)) is published on Counsel Stack Legal Research, covering Nebraska Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Amanda T. (In re Interest of Brooklyn T.), 922 N.W.2d 240, 26 Neb. Ct. App. 669 (Neb. Ct. App. 2018).

Opinion

Riedmann, Judge.

*670INTRODUCTION

Amanda T. appeals from the decision of the separate juvenile court of Douglas County terminating her parental rights to her minor children, Brooklyn T. and Charlotte T. Following our de novo review of the record, we affirm.

BACKGROUND

Amanda is the mother of Brooklyn, born in September 2016, and Charlotte, born in February 2018. Daniel T. is the father to both children. His parental rights to the children were terminated prior to Amanda's, and he is not a part of this appeal.

In July 2017, the State filed a petition alleging that Brooklyn came within the meaning of Neb. Rev. Stat. § 43-247(3)(a) (Reissue 2016) due to the fault or habits of Amanda. The State alleged that Amanda had a history with the Nebraska Department of Health and Human Services (DHHS); Amanda used alcohol and drugs, placing Brooklyn at risk of harm; Amanda failed to provide parental care, support, supervision, and protection for Brooklyn; and as a result, Brooklyn was at risk of harm. The State additionally filed a motion for immediate custody of Brooklyn, which the court granted.

The State subsequently filed an amended petition and termination of parental *243rights (amended petition) against Amanda in August 2017. The amended petition contained three counts. Count I alleged that Brooklyn came under § 43-247(3)(a) by reason of the fault or habits of Amanda. Specifically, count I alleged that Amanda had a history with DHHS; Amanda used alcohol and drugs, placing Brooklyn at risk of harm; Amanda failed to provide parental care, support, supervision, and protection for Brooklyn; and as a result, Brooklyn was at risk of harm. Count II alleged that Amanda substantially and continuously or repeatedly neglected and refused to give Brooklyn necessary parental care and protection, in violation of *671Neb. Rev. Stat. § 43-292(2) (Reissue 2016). Count III alleged that terminating Amanda's parental rights was in Brooklyn's best interests.

The juvenile court held an adjudication hearing on the State's amended petition in October 2017. At the adjudication hearing, Amanda admitted the allegations contained in count I of the amended petition and the State withdrew counts II and III, including its motion for termination of Amanda's parental rights. The court accepted Amanda's plea and adjudicated Brooklyn under § 43-247(3)(a). The juvenile court ordered Amanda to work with DHHS and family support services, as well as undergo a chemical dependency evaluation.

In February 2018, the State filed a motion for termination of parental rights (motion for termination) against Amanda. The State moved for termination under § 43-292(2) and (6), alleging that Amanda failed to maintain safe housing and a legal source of income, failed to cooperate with DHHS and visit Brooklyn, and failed to complete a chemical dependency evaluation. The State subsequently filed a second supplemental petition and termination of parental rights (second supplemental petition), seeking termination of Amanda's parental rights to Charlotte, born in February 2018. The second supplemental petition contained three counts: count I alleged that Charlotte lacked proper parental care by reason of the fault or habits of Amanda and therefore fell under § 43-247(3)(a) ; count II alleged that Amanda substantially and continuously or repeatedly neglected and refused to give Charlotte or a sibling necessary parental care and protection, in violation of § 43-292(2) ; and count III alleged that it was in Charlotte's best interests to terminate Amanda's parental rights.

As a part of its second supplemental petition, the State produced an affidavit from Ally Chavis, a family permanency specialist, who stated that when Amanda was admitted to the hospital to give birth to Charlotte, Amanda tested positive for amphetamine. Chavis additionally stated that Amanda had been "disengaged" with services after Brooklyn's removal in July *6722017. Finally, Chavis indicated that Amanda had an extensive history with DHHS, including previously voluntarily relinquishing custody to her oldest daughter. The State also filed a motion for immediate custody of Charlotte, which was granted by the court.

A hearing was held on the State's motion to terminate Amanda's parental rights. At the hearing, Amanda pled to various portions of the motion for termination and the second supplemental petition. Regarding the motion for termination, Amanda admitted count I, that Brooklyn came under § 43-247(3)(a) ; count II, that Amanda was ordered to comply with DHHS' services by the court; count IV, that Brooklyn fell under § 43-292(2) ; and count VI, that it was in Brooklyn's best interests to terminate Amanda's parental rights. Regarding the second supplemental petition, Amanda admitted count I, paragraphs E and F, that she failed to provide proper parental care, support, supervision, *244and protection of Charlotte, which placed her at risk for harm; count II, that Charlotte fell under § 43-292(2) ; and count III, that it was in Charlotte's best interests to terminate Amanda's parental rights.

After ascertaining that Amanda's admissions were freely and voluntarily given, the juvenile court asked the State to provide a factual basis. The State offered exhibit 11, which contained all pleadings filed up to that point and Chavis' affidavit. The State then relayed that Brooklyn was removed from Amanda's home in July 2017 and was adjudicated in October. The State informed the court that Amanda was to engage in certain court-ordered services to rectify her parenting issues, which she failed to successfully complete or follow through with, including: chemical and psychological evaluations, family support work, and maintain housing and a legal source of income. The State also indicated that its evidence would show that Amanda had not rectified her drug use at the time Charlotte was born. Finally, the State indicated that Chavis would testify that it was in the children's best interests to terminate Amanda's parental rights. Specifically, the State informed the court:

*673[T]he concern for ... Charlotte ... is despite the fact that services had been offered to ... Amanda ... in regards to her sister, [Brooklyn's] case, that the services had yet to rectify the situation that brought Brooklyn into care, to include allegations of possible drug use and not providing for the minor child.
[Chavis] would testify that due to that history and the services that have been offered to [Amanda], both for Brooklyn and ... Charlotte ..., she would testify that it is in the best interest of Brooklyn and ... Charlotte ... to terminate [Amanda's] parental rights.

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Bluebook (online)
922 N.W.2d 240, 26 Neb. Ct. App. 669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-amanda-t-in-re-interest-of-brooklyn-t-nebctapp-2018.