Background
Jacqueline J. and Matthew J. are the parents of Jerika, Lillian, and Novella. Nebraska authorities removed the children from Jacqueline’s care in November 2023 after reports involving mental-health instability, substance abuse, domestic violence, and unsafe living conditions. The juvenile court adjudicated the children under Neb. Rev. Stat. § 43-247(3)(a) and ordered Jacqueline to participate in services addressing substance use, mental health, domestic violence, parenting, housing, and stability.
During the case, Jacqueline participated in some services and generally attended supervised parenting time, but she remained without stable housing, inconsistently submitted to drug testing, and never progressed beyond fully supervised visits. A May 2025 hair-follicle test was positive for methamphetamine and amphetamine. She also experienced additional domestic violence, was incarcerated at several points, and faced multiple criminal charges. The juvenile court terminated her parental rights in July 2025, and Jacqueline appealed only the finding that termination was in the children’s best interests.
The Court’s Holding
The Nebraska Court of Appeals affirmed. Conducting de novo review, it first held that the State established a statutory ground for termination under Neb. Rev. Stat. § 43-292(7) because the children had remained in out-of-home placement for nearly 16 continuous months when the State filed its termination motion. Because one statutory ground was established, the court did not address the other grounds found by the juvenile court.
The court also held that clear and convincing evidence established Jacqueline’s unfitness and that termination was in the children’s best interests. Although she loved her children and had made some progress, she remained unable to provide stable housing, demonstrate sobriety, protect her personal safety, or advance beyond supervised parenting time. The court concluded that she had not rehabilitated herself within a reasonable period and that the children should not remain in foster care awaiting uncertain parental maturity.
Key Takeaways
- A child’s placement outside the home for at least 15 of the most recent 22 months establishes the statutory ground in Neb. Rev. Stat. § 43-292(7) without proof of specific parental fault.
- Even when the time-in-care ground applies, the State must prove by clear and convincing evidence that the parent is unfit and termination serves the child’s best interests.
- Partial participation in services did not overcome evidence of continuing housing instability, unverified sobriety, unsafe relationships, criminal involvement, and the absence of progress beyond supervised visitation.
Why It Matters
The decision underscores that Nebraska’s 15-of-22-month ground operates mechanically, while constitutional protection for the parent-child relationship is principally addressed through the separate best-interests and parental-unfitness analysis. Appellate courts must examine that analysis particularly carefully when termination rests on the duration of an out-of-home placement.
The opinion also illustrates that parental affection and intermittent progress may be insufficient when the parent remains unable to meet the children’s basic needs within a reasonable time. The opinion is designated as a memorandum web opinion and may not be cited except as permitted by Neb. Ct. R. App. P. § 2-102(E).