State v. L.T.C.

457 N.W.2d 274, 235 Neb. 703, 1990 Neb. LEXIS 207
CourtNebraska Supreme Court
DecidedJuly 6, 1990
DocketNo. 89-829
StatusPublished
Cited by1 cases

This text of 457 N.W.2d 274 (State v. L.T.C.) 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
State v. L.T.C., 457 N.W.2d 274, 235 Neb. 703, 1990 Neb. LEXIS 207 (Neb. 1990).

Opinion

Caporale, J.

I. INTRODUCTION

Defendant father, L.T.C., and defendant mother, K.K.C., appeal from the termination of their parental rights to L.C. and J.C., twin sons born to them on June 15, 1974, and to E.C., a son born to them on November 6, 1975. They contend that the court below erred (1) in failing to find that the state Department of Social Services had breached its responsibility to use reasonable efforts to reunify the family, (2) in finding that they had continuously or repeatedly neglected their children and [704]*704refused to give them the necessary parental care and protection, and (3) in terminating their parental rights. We affirm.

II. FACTS

The juvenile division of the Seward County Court acquired jurisdiction over the children on June 26, 1978, as the result of an adjudication that they fit within Neb. Rev. Stat. § 43-202(2)(b), (c), (d), and (e) (Reissue 1978), precursor to Neb. Rev. Stat. § 43-247(3)(a) (Reissue 1988), because of the unclean condition of the family’s residence, the lack of food available at the residence for the children to eat, and the unsuitable and unclean mattress on which the children slept, and because the children were “quite dirty,” wore unclean clothes, were “underfed,” and “appeared ... to have potential nutritional deficiencies” and “to suffer from arrested social and mental development.”

Following a dispositional hearing on January 3, 1979, temporary custody of the children, who had been removed from the natural parents’ home, was placed with the Seward County department of public welfare, which placed them in a foster home. The county court ordered that “continuing efforts be made to provide the natural parents with the necessary skills and training to enable them to re-unite the family.” At a successive review hearing, the court, determining that the parents’ cooperation with assisting social services agencies was poor, “with occasional progress ... followed by retrogression,” ordered “total cooperation by [the] parents with assisting agencies” and further ordered that visitation between the parents and children continue.

After a subsequent review hearing on March 31, 1980, the Seward County Court determined that “after a period of two years of intensive assistance” and “all reasonable efforts having been made to reunite [the] family, ” the parents remained unable to adequately care for their children, and accordingly placed permanent custody of the children with the state Department of Public Welfare, now the Department of Social Services (department), “for permanent foster placement” and ordered that “no further visitation or association [with the parents] be allowed.” On appeal by the parents from this order, the district [705]*705court for Seward County, on January 16, 1981, concluded that the county court’s order of March 31, 1980, had in effect terminated the parents’ rights in and to their children without any pleading having been filed which sought such action. The district court therefore vacated the county court’s order and remanded the matter for further proceedings.

On May 3, 1982, the county court, at the parents’ request and under the authority of Neb. Rev. Stat. § 43-202.04 (Reissue 1978), now Neb. Rev. Stat. § 43-282 (Reissue 1988), transferred jurisdiction of the matter to the separate juvenile court of Lancaster County, the then residence of the natural parents and arguable domicile of the children. The separate juvenile court continued the existing custody arrangements for the children but did not order visitation or institute a plan with which the parents were required to comply. Such situation continued until October 10,1983, when the separate juvenile court ordered that the parents be granted visitation with the children at least once per month but prohibited them- from discussing with the children any attempt to regain custody.

On April 20, 1984, the separate juvenile court ordered continued visitations between the children and their parents, supervised by Parents and Children Together (PACT), a program designed to facilitate the reuniting of the family by teaching parenting skills to parents during their interaction with their children; extended or overnight visits in the parents’ residence “conditioned upon an adequate physical environment”; a psychological evaluation of each parent; counseling for the parents, foster parents, and children; and that all interested parties consider long-term care that provides permanence for the children. On October 22,1984, the separate juvenile court increased visitation to once every 2 weeks “because the [department] has only arranged limited visitation.”

Subsequently, on May 24, 1985, the separate juvenile court determined that the visitations were emotionally disturbing to the children and that the children did not want visitations with their parents, and, based upon the opinion of a clinical psychologist that the visitation previously ordered by the court was not in the children’s best interests, decreased visitation to [706]*706once every 2 months. Such situation continued until November 25, 1986, when the court ordered the maximum visitation consistent with the welfare and best interests of the children. This situation prevailed until January 17,1989, when the court ordered the parents to cooperate with the social workers involved in their case and for the first time specifically directed them to “correct the conditions of neglect that led to their children being removed from their home.”

A petition to terminate the parents’ parental rights was filed on March 9, 1989. The separate juvenile court terminated the parents’ rights on July 7, 1989, because they had substantially and continuously or repeatedly neglected the children and refused to give them necessary parental care and protection, the ground for termination contained in Neb. Rev. Stat. § 43-292(2) (Reissue 1988), and because termination was in the children’s best interests. The court specifically found that the record did not support a finding that the parents had been provided sufficient direction as to the conditions they were required to correct in order that their children be returned to them and that, thus, no basis for termination of their parental rights existed under § 43-292(6). That subsection empowers a court to terminate parental rights when “reasonable efforts, under the direction of the court, have failed to correct the conditions leading to the determination.”

The social worker who worked with the parents from 1981 through 1984 testified that prior to the overturning of the county court’s March 31, 1980, order, his efforts had been directed toward facilitating adoption of the children. He made no effort to establish visitation between the parents and children until sometime in 1984, when such was ordered by the separate juvenile court.

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Related

In Re Interest of Lc
457 N.W.2d 274 (Nebraska Supreme Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
457 N.W.2d 274, 235 Neb. 703, 1990 Neb. LEXIS 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ltc-neb-1990.