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