## Facts

- Yolanda A. was the mother of four minor children: Sir Messiah T., Mirage T., Carlieon T., and Crystasia T.
- After Yolanda’s arrest, police found the children (all under nine) left alone at home in unsafe conditions.
- The family had a prior history of child-protection involvement; Yolanda previously received reunification services but did not successfully rehabilitate.
- The State petitioned to terminate Yolanda’s parental rights under Neb. Rev. Stat. § 43-292(2) (neglect of the juvenile or a sibling) and § 43-292(6) (reasonable efforts to reunify failed).
- Following an evidentiary hearing, the juvenile court terminated Yolanda’s parental rights to all four children and found termination served the children’s best interests.
- Yolanda appealed, arguing § 43-292(2) was unconstitutional to the extent it allowed termination based on neglect of siblings, and challenging the sufficiency of the evidence and best-interests findings.

## Issues

1. Whether Neb. Rev. Stat. § 43-292(2), allowing termination for neglect of “the juvenile or a sibling of the juvenile,” violates due process on its face or as applied.
2. Whether clear and convincing evidence supported termination under § 43-292(2) (and, if necessary, § 43-292(6)).
3. Whether termination was in the best interests of each child.

## Decision

- The Nebraska Supreme Court affirmed the termination order.
- The Court held § 43-292(2) is constitutional and permits consideration of a parent’s neglect of one child in assessing parental rights as to another.
- The Court found clear and convincing evidence satisfied § 43-292(2) and did not rely on § 43-292(6) because one statutory ground plus best interests is sufficient.
- The Court agreed that termination was in the children’s best interests.

## Legal Principles

- A termination order requires proof by clear and convincing evidence of at least one statutory ground under § 43-292 and a separate finding that termination is in the child’s best interests.
- Section 43-292(2) constitutionally permits termination based on substantial, continuous, or repeated neglect of the juvenile or the juvenile’s sibling.
- Past neglect (including sibling neglect) is admissible and relevant, but it does not operate as an automatic, irrebuttable presumption of unfitness; current circumstances and best interests must still be evaluated.
- Appellate review of constitutional questions is independent as a matter of law; termination orders are reviewed de novo on the record, with weight given to the trial court’s credibility determinations when evidence conflicts.

## Conclusion

The Nebraska Supreme Court upheld termination of Yolanda A.’s parental rights, ruling that § 43-292(2) validly allows consideration of sibling neglect and that clear and convincing evidence of neglect, coupled with best-interests findings, supported termination for all four children.


In re Interest of Sir Messiah T., 782 N.W.2d 320 (Neb. 2010)