Statute: §§ 43-292; 43-292.02

Circumstances That Are Grounds for Termination

Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Mental Illness or Deficiency

Alcohol or Drug Induced Incapacity

Failure of Reasonable Efforts

Abuse/Neglect or Loss of Rights of Another Child

Sexual Abuse

Failure to Provide Support

Child Judged in Need of Services/Dependent

Child's Best Interest

Child in care 15 of 22 months (or less)

Felony assault of child or sibling

Murder/Manslaughter of sibling child

Circumstances That Are Not Grounds for Termination

Felony Conviction/Incarceration

Failure to Maintain Contact

Failure to Establish Paternity

Neb. Rev. Stat. Ann. § 43-292 (Michie Supp. 1998)

The court may terminate all parental rights between the parents or the mother of a juvenile born out of wedlock and such juvenile when the court finds such action to be in the best interests of the juvenile and it appears by the evidence that one or more of the following conditions exist:

The parents have abandoned the juvenile for 6 months or more immediately prior to the filing of the petition;

The parents have substantially and continuously or repeatedly neglected and refused to give the juvenile or a sibling of the juvenile necessary parental care and protection;

The parents, being financially able, have willfully neglected to provide the juvenile with the necessary subsistence, education, or other care necessary for his or her health, morals, or welfare or have neglected to pay for such subsistence, education, or other care when legal custody of the juvenile is lodged with others and such payment ordered by the court;

The parents are unfit by reason of debauchery, habitual use of intoxicating liquor or narcotic drugs, or repeated lewd and lascivious behavior, in which conduct is found by the court to be seriously detrimental to the health, morals, or well-being of the juvenile;

The parents are unable to discharge parental responsibilities because of mental illness or mental deficiency and there are reasonable grounds to believe that such condition will continue for a prolonged indeterminate period;

Following a determination that the juvenile is without proper parental support or care, and reasonable efforts to preserve and reunify the family if required under the law, under the direction of the court, have failed to correct the conditions leading to the determination;

The juvenile has been in an out-of-home placement for 15 or more months of the most recent 22 months;

The parent has inflicted upon the juvenile, by other than accidental means, serious bodily injury;

The parent of the juvenile has subjected the juvenile to aggravated circumstances, including, but not limited to, abandonment, torture, chronic abuse, or sexual abuse; or

The parent has committed murder of another child of the parent; committed voluntary manslaughter of another child of the parent; aided or abetted, attempted, conspired, or solicited to commit murder, or aided or abetted voluntary manslaughter of the juvenile or another child of the parent; or committed a felony assault that resulted in serious bodily injury to the juvenile or another minor child of the parent.

Neb. Rev. Stat. Ann. § 43-292.02 (Michie Supp. 1998)

A petition shall be filed on behalf of the State to terminate the parental rights of the juvenile's parents or, if such a petition has been filed by another party, the State shall join as a party to the petition, and the State shall concurrently identify, recruit, process, and approve a qualified family for an adoption of the juvenile, if:

A juvenile has been in foster care under the responsibility of the State for 15 or more months of the most recent 22 months; or

A court of competent jurisdiction has determined the juvenile to be an abandoned infant or has made a determination that the parent has committed murder of another child of the parent, committed voluntary manslaughter of another child of the parent, aided or abetted, attempted, conspired, or solicited to commit murder, or aided or abetted voluntary manslaughter of the juvenile or another child of the parent, or committed a felony assault that has resulted in serious bodily injury to the juvenile or another minor child of the parent. For purposes of this subdivision, infant means a child 18 months of age or younger.

A petition shall not be filed on behalf of the State to terminate the parental rights of the juvenile's parents or, if such a petition has been filed by another party, the State shall not join as a party to the petition if the sole factual basis for the petition is that:

The parent or parents of the juvenile are financially unable to provide health care for the juvenile; or

The parent or parents of the juvenile are incarcerated.

The petition is not required to be filed on behalf of the State or, if a petition is filed, the State shall not be required to join in a petition to terminate parental rights or to concurrently find a qualified family to adopt the juvenile under this section if:

The child is being cared for by a relative;

The Department of Health and Human Services has documented in the case plan or permanency plan, which shall be available for court review, a compelling reason for determining that filing such a petition would not be in the best interests of the juvenile; or

The family of the juvenile has not had a reasonable opportunity to avail themselves of the services deemed necessary in the case plan or permanency plan approved by the court if reasonable efforts to preserve and reunify the family are required by law.