In re Interest of Trinity F. ( 2023 )


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  •                          IN THE NEBRASKA COURT OF APPEALS
    MEMORANDUM OPINION AND JUDGMENT ON APPEAL
    (Memorandum Web Opinion)
    IN RE INTEREST OF TRINITY F.
    NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION
    AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. § 2-102(E).
    IN RE INTEREST OF TRINITY F., A CHILD UNDER 18 YEARS OF AGE.
    STATE OF NEBRASKA, APPELLEE,
    V.
    CHARLES F., APPELLANT.
    Filed March 14, 2023.    No. A-22-624.
    Appeal from the Separate Juvenile Court of Douglas County: CHAD M. BROWN, Judge.
    Affirmed.
    Beau Finley, of Law Offices of Beau Finley, P.C., L.L.O., for appellant.
    Daniel Gubler, Deputy Douglas County Attorney, for appellee.
    PIRTLE, Chief Judge, and MOORE and WELCH, Judges.
    MOORE, Judge.
    INTRODUCTION
    Charles F. appeals from the order of the separate juvenile court of Douglas County,
    terminating his parental rights to his minor child. The court found that termination of Charles’
    parental rights was proper under 
    Neb. Rev. Stat. § 43-292
    (2), (4), (6), and (7) (Reissue 2016) and
    that termination of his parental rights was in his child’s best interests. Following our de novo
    review of the record, we affirm.
    STATEMENT OF FACTS
    Shuree S. is the mother and Charles is the father of Trinity F., born in September 2012.
    Shuree is also the mother of another minor child, who has a father other than Charles. The
    Nebraska Department of Health and Human Services (the Department) received an intake in
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    February 2019, concerning the physical neglect of the children by Shuree. This intake was
    determined to be unfounded. The Department received another intake on April 4, concerning the
    children’s physical neglect by Shuree and involving domestic violence between Shuree and
    Charles. At that point, the children were residing with Shuree, Charles was living separately, and
    the other father was incarcerated. The second intake led to the removal of the children from
    Shuree’s residence and their placement in the Department’s custody on April 5. The children have
    remained in out-of-home placements since that time. Shuree’s parental rights to Trinity were
    terminated during the course of these proceedings. The status of proceedings with respect to
    Shuree, the other father, and the other minor child are not clear from the record. Shuree and the
    other father are not involved in the present appeal, and we reference them and the other minor
    child only as necessary.
    On April 5, 2019, the State filed a petition in the juvenile court, alleging that Trinity was a
    minor child within the meaning of 
    Neb. Rev. Stat. § 43-247
    (3)(a) (Reissue 2016) and lacked proper
    parental care due to the fault or habits of Charles. Specifically, the State alleged that Trinity was
    at risk for harm because Charles engaged in domestic violence in her presence; had failed to
    provide proper parental care, support, and/or supervision for her; and had failed to provide her
    with safe, stable housing. The State also filed an ex parte motion for immediate custody of Trinity,
    with placement to exclude Charles’ home, which the juvenile court granted.
    On June 3, 2019, the juvenile court entered an order adjudicating Trinity as a child within
    the meaning of § 43-247(3)(a). Based on Charles’ admission, the court found as true the allegation
    that Trinity was at risk for harm because Charles had failed to provide her with proper parental
    care, support, and/or supervision. The other counts of the petition were dismissed. The court
    ordered Charles to: (1) have agency-supervised visitation with Trinity, (2) complete a batterers’
    intervention class, (3) maintain safe and stable housing, (4) maintain a stable and legal source of
    income, (5) complete a parenting class, (6) complete a full-scale psychological evaluation, and (7)
    prepare a budget. Similar orders were entered following subsequent review and permanency
    planning hearings, with the added requirements that Charles participate in family support services,
    communicate with all case professionals, and sign all releases of information. He was also ordered
    to participate in relinquishment counseling, complete a chemical dependency evaluation, and
    submit to random urinalysis testing.
    On February 5, 2021, the State filed a motion seeking termination of Charles’ parental
    rights. Following a hearing on May 20, the juvenile court entered an order granting the State’s
    motion to dismiss the termination motion; Charles was making progress on his case plan
    requirements at that point.
    On January 27, 2022, the State filed another motion seeking termination of Charles’
    parental rights. The State alleged termination was proper pursuant to § 43-292 (2), (4), (6), and (7)
    and that termination of Charles’ parental rights was in Trinity’s best interests. With respect to
    § 43-292(6), the State alleged that Charles had failed to fully and consistently participate in
    visitation, successfully complete a batterers’ class and a parenting class, complete a full-scale
    psychological evaluation and an updated chemical dependency evaluation, complete a budget,
    consistently submit to random drug testing, consistently abstain from alcohol and/or other
    controlled substances, and that despite the services offered, he had failed to correct the conditions
    leading to Trinity’s removal.
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    A termination hearing was held before the juvenile court on June 22 and 24, 2022. The
    State presented testimony from Trinity’s grandmother (her current foster mother), a visitation
    worker and a visitation supervisor, a Department supervisor, and a drug testing supervisor. Charles
    testified in his own behalf. The court received various documentary exhibits into evidence.
    During this case, Charles was incarcerated from October 2019 to January 2021 following
    his felony conviction for welfare fraud (buying and selling of “SNAP benefits”). Charles was
    previously incarcerated for about a year and a half between 2014 and 2015 for receiving stolen
    property, and he has served time in jail on multiple occasions “going back years.”
    Charles has had multiple medical issues during this case. In February 2019, he was shot
    while driving. One bullet struck his face and a second bullet entered his lower back. He was
    hospitalized between February 4 and April 1 and underwent six surgeries. For some period, he
    “had a trach placed due to breathing issues,” and he underwent physical therapy. Four days after
    his release from the hospital for the shooting, Charles was stabbed by Shuree (part of the domestic
    violence incident that led to the children’s removal). And, Charles suffered injuries in two different
    vehicle accidents, the first in May 2021 and the second in July. In May, Charles was the passenger
    in a vehicle that was struck from behind, and he sustained a broken leg and broken foot. He also
    aggravated the back injury he sustained during the shooting. He was hospitalized for one day. In
    July, he was driving, when the brakes on his vehicle failed. He jumped out after failing to maneuver
    the vehicle to a stop, and the vehicle rolled over his foot, breaking it. He was prescribed pain
    medication following the shooting, but after overusing those medications, he has used “edibles”
    and “cannabis oil” as alternatives to relieve his symptoms of ongoing chronic pain.
    Jacob Streittmatter, a Department case manager and supervisor, testified about Charles’
    compliance with the juvenile court’s orders, indicating that the conditions that led to Trinity’s
    removal have not been corrected. Streittmatter was the case manager for the family from June 2019
    until the case was transferred to another case manager in December 2021. Streittmatter supervised
    the other manager for 7 months before the case was transferred back to him. Streittmatter noted
    Charles’ inconsistent progress in completing his case plan following his release from incarceration
    in January 2021 that led the State to file the first motion for termination of Charles’ parental rights
    in May and then the dismissal of that motion, after which Charles again stopped making progress.
    Streittmatter testified further that between January and May, Charles made “good progress.”
    Charles was participating in visitation, engaging with case management on a weekly basis, was
    completing his parenting class, and generally seemed motivated to work on his case plan. His level
    of participation changed, however, around the time of his vehicle accident in May 2021.
    Streittmatter testified about Charles’ communications with him and the case manager
    Streittmatter supervised. That individual had contact with Charles by phone call and text message
    once a month. During the times Streittmatter was the case manager again, he tried to maintain
    contact with Charles three times a month, also by phone call and text. While Charles was
    incarcerated, however, Streittmatter sent him letters. Charles did not respond until 1 or 2 months
    prior to his release, at which time he contacted Streittmatter about setting up services. After
    Charles’ release, Streittmatter had some difficulty contacting Charles because he would not let
    Streittmatter know when his phone number had changed.
    Charles did not successfully complete the requirement of his case plan to abstain from
    drugs and alcohol, which was monitored through urinalysis testing. Charles told Streittmatter that
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    he was using cannabis oils for his medical conditions. When Charles did test, the test was positive
    for THC. Charles never provided verification that he was only using cannabis oil and not
    marijuana. Charles’ failure to complete this requirement concerned Streittmatter and impacted his
    opinion about Charles’ fitness because Charles “hasn’t shown . . . that he can have negative drug
    UA screens,” so he “could be under the influence if he’s caring for his child.”
    Further testimony about Charles’ compliance with drug testing was provided by Sarah
    Valentine, a supervisor with the drug testing provider for Charles (between July and October 2021
    and again between March and May 2022). She testified that Charles only completed two of the 33
    drug tests offered to him. Charles completed those two tests in August 2021. She noted only two
    documented conflicts during the periods her employer provided service to Charles, once when
    Charles was positive for COVID-19 and the other when he had a conflict with one of the workers
    over the phone. Charles was discharged unsuccessfully by the provider in October 2021 and again
    in May 2022. The provider generally discharges clients after 30 consecutive days of not testing or
    no contact. According to Valentine, the provider continued offering its service to Charles longer
    than normal because “[c]ase management insisted that we had correct contact information and that
    the client wanted to participate in drug testing.” The provider uses an intake form at the first
    face-to-face contact that informs clients they are responsible to contact the provider with any
    updates to their phone number and that if their phone is “out of service . . . it would benefit them
    greatly to call [the provider] daily to see if they are on the drug testing list.” An intake form was
    completed for Charles, and he initialed by the line indicating his responsibility to contact the
    provider with any new phone numbers. The referrals for Charles both “had phone numbers
    attached.” Because the provider had no contact with Charles from March to May 2022, Valentine
    agreed that she could not be sure whether the contact number for that period was correct.
    As to the court-ordered evaluations and classes, Charles completed a chemical dependency
    evaluation, a co-occurring evaluation, and a parenting class. He did not complete a full-scale
    psychological evaluation or a batterers’ intervention class. Streittmatter testified that the
    court-ordered batterers’ intervention class is usually a 26-week program and different from the
    domestic violence class completed by Charles. Streittmatter was concerned about Charles’ failure
    to complete these requirements, especially in light of the domestic violence that led to Trinity’s
    removal.
    Charles has had housing throughout this case. He lived with a relative upon his release
    from incarceration and subsequently obtained his own residence in the fall of 2021. As to income,
    he “collects disability.” Although Streittmatter did not have concerns about Charles’ income,
    Charles never provided him with proof of how much income he was receiving each month.
    Because Charles never completed a family budget, as ordered, Streittmatter was unable to
    determine whether he actually had enough income to support a child. Streittmatter was unaware
    of Charles having any issues with transportation.
    Streittmatter and several other witnesses testified about Charles’ failure to comply with the
    supervised visitation requirement of his case plan. During this case, a total of six agencies provided
    visitation services to Charles, and he was discharged by the first agency due his incarceration and
    by the remaining agencies due to his lack of participation. Charles’ participation was inconsistent
    prior to his incarceration. When Streittmatter spoke with Charles about visitation in the summer
    of 2021, Charles told him that he was injured and could not participate due to his injuries, although
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    he never provided any formal verification as to his injuries. Streittmatter did observe Charles to be
    “in a cast” when they met. Streittmatter offered Charles the opportunity to participate in
    videoconference visits, and he did so on a few occasions. The last time Charles had a visitation
    with Trinity was October 2021. Charles’ failure to complete the supervised visitation requirement
    of the case plan and progress beyond supervised visits concerned Streittmatter because he was
    unable “to gauge how [Charles] parents.”
    Samantha Ryan was assigned to supervise visitations between Charles and Trinity in
    December 2021. Ryan contacted Charles, and they “coordinated [their] schedules” for visits to
    occur every Wednesday and Sunday from 6 p.m. to 8 p.m. with the first visit set for December 29.
    On that date, Ryan picked Trinity up and brought her to the location for the visit. After waiting 15
    minutes for Charles, Ryan returned Trinity to her foster placement. Ryan testified that she had
    contacted Charles to let him know they were waiting for him at the visitation center. He responded
    by text message, saying “that no one reached out to him and that the days that [she] had did not
    work.” Since Charles missed the first visit, Ryan’s supervisor “put him on a confirmation,”
    meaning that he had to confirm visits prior to them happening. Ryan testified that they “continued
    our Wednesdays and Sundays because that’s what was agreed upon,” and she indicated that she
    informed Charles of the need to confirm visits. The second visit was set for January 2, 2022, but
    it did not occur because Charles never responded to the text message Ryan sent him to confirm
    prior to the visit. According to Ryan, Charles requested a new visitation worker on the case because
    he wanted visits to occur on a different schedule (2 weekend visits). Ryan’s supervisor discharged
    Charles after he failed to confirm prior to the third visit, which was set for January 5. Ryan was
    unaware of any medical circumstances that might have affected Charles’s schedule, but she
    testified that if she had been aware of any such circumstances, she would have been able to
    accommodate them.
    Charles Robinson, employed by another one of the visitation service providers, was
    assigned to supervise visits between Charles and Trinity on March 23, 2022. Supervised visits
    between Charles and Trinity were supposed to occur twice a week for 2 hours each time. During
    the period Robinson was assigned to the case, he contacted Charles “[e]ight times” or “[a]t least
    twice a week,” but he did not succeed in scheduling any visits. According to Robinson, there was
    “something that was always going on, some type of obstacle that was interfering with [Charles]
    doing the visitation,” so they “just never [were] able to coordinate anything.” Robinson testified
    that he was willing to accommodate Charles’ schedule, except for Sundays when Robinson
    attended church. Robinson was unaware of any medical issues with which Charles might have
    been dealing. He testified that if he had known of any appointments for medical conditions, he
    would have worked around them and would have accommodated any medical needs Charles might
    have had during visits. On April 13, Robinson sent a text message to inform Charles that the
    referral for visitation services would be “terminated temporarily,” that he could contact Robinson’s
    supervisor for more information about the termination, and that “if anything changed,” he could
    submit a new referral and Robinson’s agency would work with him. Robinson did not have a
    record of any response from Charles to this message, and Robinson did not know whether Charles
    ever contacted Robinson’s supervisor to reestablish visitation services. Due to Charles’ lack of
    participation and inadequate communication, he was unsuccessfully discharged as Robinson’s
    client on April 27 when the referral terminated.
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    Trinity’s foster mother, her maternal grandmother (the grandmother), provided further
    testimony about visitation and Charles’ interaction with Trinity since her placement with the
    grandmother in May 2020. Since that time, Charles has only had two in-person supervised visits
    with Trinity, which occurred in the summer of 2021. The grandmother testified about the
    cancellation of numerous scheduled visits that have occurred while Trinity has been in her care,
    with the most recent cancellation being 3 or 4 months prior to trial. According to the grandmother,
    Trinity initially would become upset or confused when visits were cancelled, but now she does
    not. Trinity has successfully completed therapy while in the grandmother’s care. The grandmother
    testified that Charles sometimes contacts her directly wanting to visit Trinity, but the grandmother
    has not allowed unsupervised visits.
    Although Charles has not provided the grandmother with any money for Trinity’s care, he
    did purchase a cell phone for Trinity and pays the bill on the phone. The grandmother estimated
    that Charles calls Trinity on that phone “maybe once a week.” Charles will sometimes contact the
    grandmother and ask if there is anything Trinity needs. Charles provided a Christmas gift of
    clothing for Trinity in 2021 and also provides clothing items “[m]aybe every other month”. The
    grandmother testified that Charles turned Trinity’s phone off approximately 2 weeks prior to trial
    after the grandmother told him that visits needed to be supervised; he had turned the cell phone
    back on by the time of trial.
    The grandmother testified that Trinity needs love, guidance, and support from a parent for
    long-term success and that she is not receiving those things from Charles. The grandmother
    testified further that Trinity needs a father who visits her more than she needs clothes and gifts.
    Streittmatter opined that termination of Charles’ parental rights was in Trinity’s best
    interests based on the length of time Trinity had been in out-of-home placement, Charles’
    inconsistency in visitation, despite the provision of alternative methods of visitation such as Zoom,
    his failure to participate in drug testing and show negative test results, and Trinity’s need for
    stability and consistency.
    After the State rested, Charles testified in his own behalf. He testified to the regular care
    he helped provide for Trinity from her birth and prior to the start of this case.
    Charles also testified about his various medical issues and his incarceration during this
    case. After being shot in February 2019, he was prescribed promethazine-codeine, oxycodone, and
    hydrocodone. He testified that he continues to have ongoing chronic pain and breathing issues
    related to his injuries from the shooting, as well as problems with his jaw function.
    According to Charles, after being charged with welfare fraud in June 2019, he bonded out
    and violated his bond by going to South Dakota to visit his grandfather, who was ill. He was
    arrested again in October (on a warrant for the bond violation) after returning to Nebraska and was
    then incarcerated until January 2021. He testified that he was unable to complete any classes
    related to this case while incarcerated because of restrictions in programming at the prison related
    to the COVID-19 pandemic.
    Charles testified about his steps to comply with the court orders in this case upon his release
    from prison. He discussed the case plan requirements with Streittmatter, and he testified about
    getting his finances “back in order,” signing up for a parenting and a domestic violence class,
    attending visits with Trinity, and obtaining a chemical dependency evaluation (done through
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    probation). Charles felt his progress on the case plan was “[g]ood” until his vehicle accidents in
    May and July 2021.
    According to Charles, he became “addicted to” and “co-dependent on” the pain medication
    he had been prescribed following the shooting. He then began using “marijuana edibles” and “THC
    edibles,” as an alternative way to manage his pain, which resulted in him failing a drug test for his
    probation officer. After that, he began “taking the THC oils.” He testified that, while he has smoked
    marijuana in the past, he no longer does so because of breathing issues. He testified to applying
    cannabis oil to various parts of his body for pain relief for his injuries from the shooting and the
    vehicle accidents, and he acknowledged that its use is illegal in Nebraska. Charles acknowledged
    only completing two drug tests, which were positive for THC, and not completing any further drug
    tests for the juvenile court case. Charles was asked when his last use of “marijuana” had been, and
    he responded that it had been 2 days prior to his testimony. Later in his testimony, Charles
    confirmed that “cannabis oil” was the only “THC-related product” he was currently using. He
    acknowledged “smelling like marijuana” when he entered the courtroom, stating that his brother
    had been smoking marijuana in the car in which Charles was a passenger prior to trial. He denied
    associating with people who do drugs other than marijuana.
    With respect to other components of his case plan, Charles testified about completing both
    a parenting class and a domestic violence class (which he thought was the same thing as a batterers’
    intervention class). He also completed a co-occurring evaluation, and he thought he had completed
    all necessary evaluations for the court at that point. Charles acknowledged he did not complete the
    outpatient therapy recommended following his co-occurring evaluation or a full-scale
    psychological evaluation. Charles testified about having difficulty with transportation (he was not
    supposed to drive while taking some of his prescribed medications and because of a citation related
    to the second vehicle accident). However, he admitted that he did continue to drive, including
    driving to meet with Streittmatter. He acknowledged never having completed a budget.
    With respect to visitation, Charles acknowledged being discharged by six service providers
    during this case. He claimed to have last seen Trinity for an unsupervised visit at a birthday party
    in June 2022. He agreed that the court order only allows for supervised visits. He also
    acknowledged his lack of consistency in visits has been harmful to Trinity.
    On July 27, 2022, the juvenile court entered an order terminating Charles’ parental rights.
    The court found clear and convincing evidence that termination was proper pursuant to § 43-292
    (2), (4), (6), and (7) and that termination of Charles’ parental rights was in Trinity’s best interests.
    With respect to § 43-292(6), the court found clear and convincing evidence as to all allegations
    except for the allegations with respect to Charles’ failure to complete a parenting class and an
    updated chemical dependency evaluation (which the State dismissed) and his failure to complete
    a full-scale psychological evaluation (for which the court found insufficient evidence).
    ASSIGNMENTS OF ERROR
    Charles asserts that the juvenile court erred in (1) finding that his minor child came within
    the meaning of § 43-292(2), (4), (6), and (7) and (2) determining that termination of his parental
    rights was in his child’s best interests.
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    STANDARD OF REVIEW
    An appellate court reviews juvenile cases de novo on the record and reaches its conclusions
    independently of the juvenile court’s findings. In re Interest of Elijahking F., 
    313 Neb. 60
    , 
    982 N.W.2d 516
     (2022). When the evidence is in conflict, however, an appellate court may give weight
    to the fact that the lower court observed the witnesses and accepted one version of the facts over
    the other. 
    Id.
    ANALYSIS
    Statutory Grounds.
    Charles asserts that the juvenile court erred in finding that his minor child came within the
    meaning of § 43-292(2), (4), (6), and (7). Upon our de novo review, we find that the State presented
    clear and convincing evidence to support termination of Charles’ parental rights under § 43-292(7).
    Proof of one statutory ground is needed for termination, and the record clearly shows that statutory
    grounds for termination of his parental rights exist under § 43-292(7).
    Section 43-292(7) provides grounds for termination when “[t]he juvenile has been in an
    out-of-home placement for fifteen or more months of the most recent twenty-two months.” Section
    43-292(7) operates mechanically and, unlike the other subsections of the statute, does not require
    the State to adduce evidence of any specific fault on the part of a parent. In re Interest of Mateo L.
    et al., 
    309 Neb. 565
    , 
    961 N.W.2d 516
     (2021).
    Trinity was removed from the care of her mother and placed in the Department’s custody
    on April 8, 2019, and has been in out-of-home placement continuously since that time. A motion
    to terminate Charles’ parental rights was filed on January 27, 2022, at which time Trinity had been
    in out-of-home placement for 33 months, and by the start of the termination hearing on June 22,
    2022, she had been in out-of-home placement for 38 months. Our de novo review of the record
    clearly and convincingly shows that grounds for termination of Charles’ parental rights under
    § 43-292(7) were proven by sufficient evidence.
    The juvenile court also found sufficient evidence to support termination under § 43-292(2),
    (4), and (6), but we do not need to consider whether termination of Charles’ parental rights was
    proper pursuant to those subsections since § 43-292 provides 11 separate conditions, any one of
    which can serve as the basis for the termination of parental rights when coupled with evidence that
    termination is in the best interests of the child. See In re Interest of Elizabeth S., 
    282 Neb. 1015
    ,
    
    809 N.W.2d 495
     (2012). However, we will consider evidence relevant to § 43-292(2), (4), and (6)
    in our analysis of best interests. Generally, when termination of parental rights is sought, the
    evidence adduced to prove the statutory grounds for termination will also be highly relevant to the
    best interests of the juvenile, as it would show abandonment, neglect, unfitness, or abuse. In re
    Interest of J’Endlessly F. et al., 
    26 Neb. App. 497
    , 
    920 N.W.2d 858
     (2018).
    Best Interests and Unfitness.
    Charles asserts that the juvenile court erred in determining that termination of his parental
    rights was in his child’s best interests. Charles argues that the court failed to account for the
    significant progress he made in completing components of his case plan in light of his “incredibly
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    difficult health situation.” Brief for appellant at 15. He argues that he should have been given
    additional time to continue his attempt at reunification.
    In addition to proving a statutory ground, the State must show that termination is in the
    best interests of the child. In re Interest of Noah C., 
    306 Neb. 359
    , 
    945 N.W.2d 143
     (2020). A
    parent’s right to raise his or her child is constitutionally protected; so before a court may terminate
    parental rights, the State must also show that the parent is unfit. 
    Id.
     There is a rebuttable
    presumption that the best interests of a child are served by having a relationship with his or her
    parent. 
    Id.
     Based on the idea that fit parents act in the best interests of their children, this
    presumption is overcome only when the State has proved that the parent is unfit. 
    Id.
     The term
    “unfitness” is not expressly used in § 43–292, but the concept is generally encompassed by the
    fault and neglect subsections of that statute, and also through a determination of the child’s best
    interests. In re Interest of Jahon S., 
    291 Neb. 97
    , 
    864 N.W.2d 228
     (2015). In the context of the
    constitutionally protected relationship between a parent and a child, parental unfitness means a
    personal deficiency or incapacity which has prevented, or will probably prevent, performance of a
    reasonable parental obligation in child rearing and which has caused, or probably will result in,
    detriment to a child’s well-being. In re Interest of Leyton C. & Landyn C., 
    307 Neb. 529
    , 
    949 N.W.2d 773
     (2020). The best interests and parental unfitness analyses in the context of a
    termination of parental rights case require separate, fact-intensive inquiries, but each examines
    essentially the same underlying facts. In re Interest of Mateo L. et al., 
    309 Neb. 565
    , 
    961 N.W.2d 516
     (2021).
    The evidence shows that Charles initially made progress toward completing his case plan
    following his release from prison in January 2021. This progress led the State to dismiss its first
    motion to terminate Charles’ parental rights. Charles has completed some of the requirements of
    his case plan. He has completed a parenting class, a chemical dependency evaluation, and a
    co-occurring evaluation. He also completed a domestic violence course, confusing it with the
    required batterers’ intervention course. He has provided some financial support for Trinity in the
    form of a cell phone for which he pays the bills and some clothing.
    Charles has failed to comply with other components of the case plan, including visitation,
    drug testing, obtaining a full-scale psychological evaluation, and following the recommendations
    from the co-occurring evaluation. Charles acknowledged that his inconsistency in visitation has
    been harmful to Trinity. He testified that he did not comply with the drug testing requirement
    because he knew he would test positive, but such compliance, despite his stated use of cannabis
    oil and edibles for pain relief, would have revealed whether he was using other illegal substances.
    His communication with case professionals has been lacking; several witnesses testified to being
    unaware of whether Charles might have scheduling conflicts or need certain accommodations due
    to his medical issues.
    While we are sympathetic to the personal difficulties Charles has faced during the course
    of this case, he clearly has not placed himself in a position to have Trinity returned to his care.
    Children cannot, and should not, be suspended in foster care or be made to await uncertain parental
    maturity. In re Interest of Alec S., 
    294 Neb. 784
    , 
    884 N.W.2d 701
     (2016). We conclude that the
    State showed by clear and convincing evidence that Charles was unfit and that termination of his
    parental rights was in his child’s best interests.
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    CONCLUSION
    For the reasons stated above, we affirm the juvenile court’s order terminating Charles’
    parental rights to his minor child.
    AFFIRMED.
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