In re Interest of Taeson D.

Summary

The Nebraska Supreme Court affirmed the termination of Samuel T.'s parental rights to Taeson D. The court held that an incarcerated parent was not denied procedural due process where he received notice, was represented by counsel, and did not request physical or telephonic participation. The court also upheld termination based on substantial neglect and the child's placement in foster care for 15 of the most recent 22 months.

Holdings

1. An incarcerated parent's physical presence is not necessary at a termination hearing when the parent has been afforded procedural due process. The juvenile court has discretion to determine how the parent may meaningfully participate, and a rigid requirement of telephonic participation throughout the hearing is not imposed in every case.
2. The juvenile court did not abuse its discretion by proceeding without Samuel's physical or telephonic appearance where Samuel had notice, counsel, an opportunity to present evidence, and had not requested attendance or a continuance.
3. The termination order could be affirmed because the State established independent statutory grounds under § 43-292(2) and (7), together with the child's best interests; therefore, the court did not need to analyze the challenge to reasonable efforts under § 43-292(6).

Questions Presented

1. Whether Samuel T.'s procedural due process rights were violated when his parental rights were terminated at a hearing he did not attend physically or telephonically but at which he was represented by counsel.
2. Whether the juvenile court erred in terminating Samuel T.'s parental rights under Neb. Rev. Stat. § 43-292(6) because DHHS allegedly failed to make reasonable efforts to reunify him with Taeson.

Disposition

affirmed