State v. Selina B. (In re Nyarout T.)
| Decision Date | 02 October 2012 |
| Docket Number | No. A-11-987,A-11-987 |
| Parties | IN RE INTEREST OF NYAROUT T. ET AL., CHILDREN UNDER 18 YEARS OF AGE. STATE OF NEBRASKA, APPELLEE, v. SELINA B., APPELLANT. |
| Court | Nebraska Court of Appeals |
AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. § 2-102(E).
Appeal from the Separate Juvenile Court of Douglas County: WADIE THOMAS, Judge. Affirmed.
Mariette C. Achigbu for appellant.
Donald W. Kleine, Douglas County Attorney, and Ann Miller for appellee.
Selina B. appeals the order of the separate juvenile court of Douglas County terminating her parental rights to her minor children Nyarout T., Nyaliet T., Julius J., Nyariek M., Karbeano B., and Elizabeth B. Selina asserts the juvenile court erred in determining that the children came within the meaning of Neb. Rev. Stat. § 43-292(2), (6), and (7) (Cum. Supp. 2010) by clear and convincing evidence and that it is in the best interests of the minor children to terminate Selina's parental rights. For the reasons that follow, we affirm.
Selina, who previously emigrated from the country of Sudan, is the biological mother of Nyarout, Nyaliet, Julius, Benson J., Anna J., Nyriek, Karbeano, and Elizabeth. On May 23, 2005, the State filed a petition alleging that Nyarout, Nyaliet, Julius, Benson, and Anna were within themeaning of Neb. Rev. Stat. § 43-247(3)(a) (Reissue 2004). The court ordered the children to remain in the temporary custody of the State. The State filed an amended petition alleging the same facts, but adding the children were within § 43-247(3)(a) due to the faults and habits of James T., the father of Julius, Nyaliet, and Nyarout. Several review and permanency planning hearings took place ordering Selina to participate in therapy, complete a psychiatric examination, submit to urinalysis and Breathalyzer tests, and cooperate with intensive family preservation services. Selina's visitation with the children was originally supervised, but she was allowed semisupervised visitation starting in April 2006, followed by unsupervised visitation starting in September 2006.
On October 10, 2007, the State filed a motion to terminate the parents' parental rights pursuant to § 43-292(2), (6), and (7), and alleged the termination was in the children's best interests. The court's jurisdiction over Anna and Benson was terminated, because they had reached the age of majority. On October 15, 2008, the court sustained the State's motion to withdraw the motion for termination of parental rights.
The State filed a second motion for termination of parental rights on August 27, 2009, on the same statutory grounds for Nyarout, Nyaliet, and Julius. The State's supplemental petition filed August 27 alleged that Nyariek and Karbeano came within the meaning of §§ 43-247(3)(a) (Reissue 2008) and 43-292(2), and the amended supplemental petition filed November 30 included Elizabeth, who was born in November 2009.
The hearing on the adjudication with a prayer for termination of parental rights on the amended supplemental petition and the second motion for termination of parental rights proceeded simultaneously and commenced on March 4, 2010.
On June 7, 2011, Selina filed a motion to continue the testimony of Dr. Mary Willis to another date and time, and the motion was overruled. The hearing on the amended petition and the second motion for termination of parental rights concluded on June 10.
The issues presented during adjudication on the second motion for termination of parental rights were (1) whether the State presented clear and convincing evidence to terminate Selina's parental rights pursuant to § 43-292(2), (6), and (7); (2) whether termination of Selina's parental rights was in the best interests of the minor children; and (3) whether the minor children were within the meaning of § 43-247(3)(a).
Multiple service providers testified regarding the services provided to Selina and her ability to apply what she had learned. Selina received inhome therapy from an intensive family preservation therapist, and her lack of participation and cooperation caused the services to end after five visits. Selina's family support workers provided visitation support and worked with her to improve parenting skills, make use of community resources, and find a job. One family support worker, Mahalia Botts, testified that during semisupervised visitation, she had to step into the role of parent a lot to prevent the children from wandering outside, fighting, spitting, and cursing. Botts testified Selina would be unable to maintain a level of parenting that the children needed without support.
Selina worked with Holly Israel, a licensed therapist, whose objectives with Selina included finding understanding of the cultural differences between Sudan and America, becoming more assertive at identifying the children's needs and how to meet them, and learning how to be involved in getting the children back.
Selina also worked with a home-based therapist, Jasmine Hermanek, for family therapy, and the children met with the same therapist for individual therapy. Hermanek testified the environment was unstructured and chaotic, and eventually, the sessions had to be moved out of the home. Hermanek said that Selina's reaction to the children worsened over time and that Hermanek became concerned about Selina's ability to parent and meet the needs of her children.
Dr. Rebecca Schmidt, a licensed psychiatrist who worked with Nyarout starting in January 2009, also testified. Dr. Schmidt said Nyarout has attention deficit hyperactivity disorder (ADHD), which has improved with psychotropic medications and a supportive home and school setting. Dr. Schmidt said Nyarout needs patience, consistent discipline, daily medication, appropriate daily structure, and privileges and consequences, all of which had been given by the foster mother.
Dr. Audrey Wiener, a psychologist, also testified about her role in treating Julius for ADHD, oppositional defiant disorder, and adjustment disorder with depressed mood. Dr. Wiener recommended Julius be in a consistent, predictable, and very highly structured home with consistent expectations and predictable routines. Dr. Wiener said it is critical for Julius to be in a consistent environment or his behavioral issues would intensify with acting out, avoidant behaviors, and/or defiance at home as well as in the classroom. Julius' foster mother testified that Julius has been in her home since March 2009 and that he initially had trouble with bedwetting, stealing, lying, rebellion, and anger. Julius' foster mother said that around the summer of 2009, she noticed a difference in Julius' behavior--he was not as aggressive, and prior to acting out, he would talk to one of his foster parents. Julius' foster mother testified that Julius has visitation scheduled twice per week with Selina, but from September 2009 through the end of the year, the visitation was not regular.
A child and family services specialist also testified that Selina participated in supervised visitation, individual therapy, and family group conferencing when the permanency objective for the family was focused on reunification, with a concurrent plan for adoption. The specialist performed a safety assessment of Selina, and the assessment revealed concerns about how Selina handled the children. The specialist believed Selina did not answer the necessary questions honestly. The specialist's concerns included Selina's leaving the children alone and then needing to be directed to check on them, her heavy drinking, and her gambling. In addition, a report was made to the child abuse and neglect hotline regarding Nyariek and Karbeano in July 2009, alleging Selina was drinking excessively, gambling, and not supervising the children. Another safety assessment was performed by two workers, and a translator was present.
After the assessments, Selina's visits became fully supervised at a neutral location. The Department of Health and Human Services (DHHS) also initiated 24-hour-a-day inhome monitoring for a period of 11 days, and the case manager completed an affidavit requesting Nyariek's and Karbeano's removal from the home.
In August 2009, Nyariek and Karbeano were removed from Selina's home due to concerns for the safety of the children, as well as Selina's lack of progress after several years of services. The specialist testified that Selina's parental rights should be terminated to all five children, Nyarout, Nyariek, Julius, Nyaliet, and Karbeano. At that time, Elizabeth was not yet born.
A child and family services supervisor for DHHS also testified that Selina received services since November 2003 and that Selina told her she did not feel there were any reasons the children should have been removed from her care and denied allegations against her. The supervisor stated that Selina was uncooperative, refused to acknowledge there were any issues with the care of her children, and wanted her bills paid for her. Selina's gambling caused financial benefits from the State to be suspended for about 90 days. It was the supervisor's belief that Selina's parental rights should be terminated.
Another child and family services specialist testified that Selina was offered individual and family therapy, supervised visitation, family support services, interpretation services, monthly family team meetings, and drug screenings. The specialist testified that when she spoke to Selina, Selina would turn around, walk off, or never answer the questions. It was her belief that the children's best interests would be served by achieving permanency outside of Selina's home because Selina had received 5 years of services and had achieved very little progress.
Selina's translators testified on Selina's behalf. Gatluak Kang, an employee of Southern Sudan Community Association, said...
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