In Re Interest Of Sir Messiah T.

782 N.W.2d 320 (2010)

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Nature of the Case

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Facts

On May 5, 2003, the juvenile court of Douglas County terminated M's parental rights to her three older children pursuant to § 43-292(2). The termination was based on neglect. Sir Messiah and Mirage, two of the children involved in this current case, had been born, but Yolanda's parental rights to these two children were not terminated in the 2003 proceeding. On September 9, 2007, the police arrested M for slashing the tires on a car belonging to a friend of her ex-boyfriend. The police discovered that the four children involved in the current case had been left at home alone with a knife wedged in the door so they could not escape the home. They were all under the age of 9. The children were removed from the home and placed in foster care. Various plans of rehabilitation with the intent to preserve and reunify the family were filed. They all failed and the State filed a motion to terminate M's parental rights for neglect M. It was clearly not the best interests of the children to remain with M. M received notice, was aware of legal proceedings and was represented by counsel. A full evidentiary hearing was held. The state proved by clear and convincing evidence that termination was in the best interests of the children. M appealed claiming it was unconstitutional to terminate her rights upon a finding that M previously neglected older siblings.