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In re Daniel G.

Court of Appeals of Nebraska

November 19, 2013

In re Interest of Daniel G. et al., children under 18 years of age.
v.
PaceDeon B., appellant. State of Nebraska, appellee,

NOT DESIGNATED FOR PERMANENT PUBLICATION

Appeal from the Separate Juvenile Court of Douglas County: Vernon Daniels, Judge.

Rodney C. Dahlquist, Jr., of Dornan, Lustgarten & Troia, P.C., L.L.O., for appellant.

Donald W., Kleine, Douglas County Attorney, and Amy Schuchman for appellee.

Inbody, Chief Judge, and Irwin and Riedmann, Judges.

MEMORANDUM OPINION AND JUDGMENT ON APPEAL

Irwin, Judge

I. INTRODUCTION

PaceDeon B. appeals from an order of the separate juvenile court of Douglas County terminating his parental rights to his daughter Aereelle F., born in November 2007. PaceDeon challenges both the statutory grounds for termination of his parental rights and the juvenile court's finding that termination of his parental rights is in Aereelle's best interests. For the reasons that follow, we affirm.

II. BACKGROUND

In November 2011, the State filed an amended petition in which it alleged that the three children of Shanna F.--Aereelle, Daniel G., and Davieiona G.--were children within the meaning of Neb. Rev. Stat. § 43-247(3)(a) (Reissue 2008). The record reflects that Shanna was subsequently in the process of relinquishing her rights to her children, and she is not a party to this appeal. A supplemental petition, filed October 9, 2012, involved only Aereelle and alleged that she was a child within the meaning of § 43-247(3)(a) as to PaceDeon, because PaceDeon had failed to provide proper parental care and support for Aereelle and because his incarceration made him unable to parent her, all of which placed her at risk of harm.

The supplemental petition further alleged that Aereelle was a child within the meaning of Neb. Rev. Stat. § 43-292(1), (2), (7), and (9) (Cum. Supp. 2012) and that terminating PaceDeon's parental rights was in her best interests. A hearing was held on April 11, 2013. The evidence showed that PaceDeon had a very extensive criminal history and that he was currently incarcerated following his plea of no contest to felony charges of possession of a deadly weapon, two charges of terroristic threats, and two charges of use of a deadly weapon. On April 19, 2012, PaceDeon was sentenced to three consecutive terms of 10 to 15 years' imprisonment on the weapons convictions, as well as two terms of 20 months' to 5 years' imprisonment on the terroristic threats convictions, which are to be served concurrently with the sentences for the weapons convictions. He was given credit for 371 days served.

Michelle Thompson, a family permanency specialist, testified that Aereelle, age four at the time of PaceDeon's latest incarceration, had been in foster care since November 2011. Thompson stated that Aereelle had not received any cards, letters, or gifts from PaceDeon. Thompson testified that it was in Aereelle's best interests that PaceDeon's parental rights be terminated, because Aereelle would be an adult by the time he was released from prison and she needed to have permanency at this time.

Following the hearing, the juvenile court found that the allegations of the petition were true, that Aereelle should be adjudicated under ยง 43-247(3)(a), and that it was in her best interests that PaceDeon's parental ...


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