In re Interest of Isabel P.Annotate this Case
The State filed a petition requesting that K.J. be adjudicated within the meaning of Neb. Rev. Stat. 43-247(3)(a). After a hearing, the court ordered care, custody, and control of K.J. to remain with the Department of Health and Human Services. The State later filed a petition to terminate the parental rights of Charles to K.J., his son, pursuant to Neb. Rev. Stat. 43-292. Following the termination hearing, the juvenile court denied the State’s petition to terminate Charles’ parental rights, finding that it should have appointed an attorney for Charles at the adjudication hearing. The State appealed. The Supreme Court reversed, holding (1) the juvenile court’s failure to provide Charles with counsel during the adjudication phase did not preclude consideration of termination of parental rights pursuant to section 43-292(1) through (3); and (2) there was clear and convincing evidence that Charles abandoned K.J. and that the termination of his parental rights was in K.J.’s best interests.