In re Ty M.
Nebraska Supreme Court
655 N.W.2d 672 (2003)

- Written by Rich Walter, JD
Facts
The Department of Health and Human Services (DHHS) of the state of Nebraska (plaintiff) found one-year-old Ty M. and his baby brother, Devon M., living in dangerously filthy conditions with their parents, Shawn and Holly M. (defendants). The DHHS took the children into custody. Domestic squalor proved to be merely one symptom of the parents’ broader dysfunctionality. Over the next three years, and under a juvenile court’s supervision, the DHHS devoted resources worth over $111,000 to counsel Shawn and Holly and to help them acquire some basic family-management skills. The DHHS gave each parent a set of court-approved goals to test their progress in developing those skills. Neither Shawn nor Holly did very well in meeting those goals, and they gave no other evidence of their readiness to handle the demands of family life. Eventually, the state petitioned the juvenile court to terminate Shawn’s and Holly’s parental rights. The court found that, given the parents’ deficiencies and the failure of the state’s reasonable efforts to rehabilitate and reunite the family, termination would be in the children’s best interests. After the court granted the state’s petition, Shawn and Holly appealed to the Nebraska Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Wright, J.)
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