IN RE INTEREST OF DONALD B. AND DEVIN B., CHILDREN UNDER 18 YEARS OF AGE. STATE OF NEBRASKA, APPELLEE,
CANDICE I., appellant.
Juvenile Courts: Appeal and Error. An
appellate court reviews juvenile cases de novo on the record
and reaches a conclusion independently of the juvenile
Parental Rights: Proof. Under Neb. Rev. Stat. §
43-292 (Reissue 2016), in order to terminate parental rights,
the State must prove, by clear and convincing evidence, that
one or more of the statutory grounds listed in the section
have been satisfied and that termination is in the
child's best interests.
Juvenile Courts: Parental Rights. A court may accept
a parent's in-court admission as to all or any part of
the allegations in a petition for the termination of parental
___ . When a parent admits all or part of the allegations in
a petition for termination of parental rights, the court must
still ascertain a factual basis for the admission.
from the Separate Juvenile Court of Douglas County: Chad M.
Brown, Judge. Affirmed.
J. Ekeh, of Ekeh Law Office, for appellant.
W. Kleine, Douglas County Attorney, and Natalie Killion for
Chief Judge, and Pirtle and Arterburn, Judges.
Neb.App. 127] Arterburn, Judge.
I. appeals from an order of the separate juvenile court of
Douglas County that terminated her parental rights with
respect to her son Devin B. On appeal, Candice argues that
the juvenile court erred in accepting her admission to
allegations in the termination motion as a voluntary
relinquish-ment of her parental rights to Devin. She also
argues that the court erred in terminating her parental
rights with respect to one of her sons but not the other.
Based on the following, we affirm the juvenile court's
is the mother of two sons: Donald B., who was born in July
2003, and Devin, who was born in October 2004. On January 11,
2018, the State filed a third motion for termination of
Candice's parental rights with respect to both of her
sons. A hearing on the motion was held on June 8, at which
time the parties advised the court that they had negotiated
an agreement. Candice agreed to enter an admission to certain
allegations contained in the third motion for termination as
it related to Devin, and the State agreed in exchange to
dismiss the motion's remaining allegations and remove
Donald from the motion altogether. The State and Candice
agreed that her admission would be treated as a voluntary
relinquishment of her parental rights with respect to Devin
so as to prevent the State or any other party from using the
termination of her rights as to Devin against her with
respect to Donald or any other child.
accepting the parties' agreement, the court began by
advising Candice of her rights and the possible consequences
of the agreement. The court then discussed the terms of the
parties' agreement before reviewing the motion's
specific counts that Candice was admitting were true. Candice
admitted that ...