In re Interest of Joseph S.
Annotate this CaseThe State filed an amended petition seeking termination of Mother’s parental rights to her three minor children, alleging the children were within the meaning of Neb. Rev. Stat. 43-292(2) because Mother had substantially and continuously or repeatedly neglected and refused to give necessary parental care and protection. The juvenile court ordered the children to remain in the temporary custody of the Department of Health and Human Services, finding that the State had failed to present a prima facie case that termination of Mother’s parental rights was appropriate under section 43-292(2). The court of appeals affirmed, holding that Mother’s noncompliance with voluntary State-offered services was not acceptable evidence to be used to satisfy the requirements of section 43-292(2). The Supreme Court reversed, holding that the State made at least a prima facie case that the requirements of section 43-292(2) were met due to Mother’s history of drug use and improper supervision. Remanded.
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