Child Support Enforcement - Sarpy County Nebraska

parties will have to start over again. When paternity is involved, the termination of the case
terminates the finding of paternity, forcing the child support interests to “start from scratch”
with a new complaint for paternity and support.
Termination of Parental Rights
This treatise does not attempt to provide an exhaustive treatment on the issue of
termination of parental rights. However, often times families affected by child support orders we
are charged with enforcing end up in juvenile court with allegations of abuse, neglect, or
abandonment. Particularly with the issue of child abandonment our appellate courts seem to be
taking a harder line as to what constitutes grounds for termination of parental rights. I will list
below a few appellate cases that address these issues and set guidelines for when a parent
should have their parental rights and child support responsibilities terminated.
In re Interest of Angelica L. & Daniel L., 277 Neb. 984, 767 N.W.2d 74 (2009)
The jurisdiction of the State in juvenile adjudication cases arises out of the power
every sovereignty possesses as parens patriae to every child within its borders to
determine the status and custody that will best meet the child’s needs and wants.
a court may not properly deprive a parent of the custody of his or her minor child
unless the State affirmatively establishes that such parent is unfit to perform the
duties imposed by the relationship, or has forfeited that right.
The fact that a child has been placed outside the home for 15 or more of the most
recent 22 months does not demonstrate parental unfitness. The placement of a
child outside the home for 15 or more of the most recent 22 months under Neb. Rev.
Stat. § 43-292(7) (Reissue 2008) merely provides a guideline for what would be a
reasonable time for parents to rehabilitate themselves to a minimum level of fitness.
Regardless of the length of time a child is placed outside the home, it is always the
State’s burden to prove by clear and convincing evidence that the parent is unfit and
that the child’s best interests are served by his or her continued removal from
parental custody.
The “best interests” standard is subject to the overriding presumption that the
relationship between parent and child is constitutionally protected and that the best
interests of a child are served by reuniting the child with his or her parent. This
presumption is overcome only when the parent has been proved unfit.
In re Interest of Angelina G. Et Al., 20 Neb. App. 646, ___ N.W.2d ___ (April 2013)
Parental rights can be terminated only when the court finds that termination is in the
child’s best interests.
A termination of parental rights is a final and complete severance of the child from
the parent and removes the entire bundle of parental rights. With such severe and
final consequences, parental rights should be terminated only in the absence of any
reasonable alternative and as the last resort.
Where a parent is unable or unwilling to rehabilitate himself or herself within a
reasonable time, the best interests of the child require termination of the parental
rights. Children cannot, and should not, be suspended in foster care or be made to
await uncertain parental maturity.
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