Termination under § 19b(3)(c)(i); In re Trejo Minors; In re Fried; In re White; In re HRC; In re Rood; In re Miller; In re VanDalen; In re Williams; In re Foster; Children’s best interests; In re Olive/Metts Minors; In re Moss Minors; Family Dependency Treatment Court (FDTC)
Holding that § (c)(i) existed and termination of respondent-mother’s parental rights was in the children’s best interests, the court affirmed. The trial court did not clearly err in determining that she failed to rectify the conditions that led to her adjudication. The condition that existed at the time of the adjudication was her “substance abuse that resulted in criminal convictions and CPS investigation.” The record supported the trial court’s findings as to her substance abuse. She showed that “she was capable of addressing her substance abuse when she achieved 180 days’ sobriety at the time of the” 7/17 dispositional hearing. However, she “tested positive for various substances on 55 occasions, including positive drug tests while the children were in respondent’s care and home, and missed approximately 76 drug tests throughout this case. There were 12 parenting-time visitations with the children that correlated with positive drug screens.” Also, she “tested positive for cocaine twice while she was completing an inpatient substance abuse treatment program, including a positive test on her day of discharge from the program. [She] completed four inpatient rehabilitation programs and was participating in a rehabilitation program at the time of the termination hearing.” Also, she “participated in five outpatient substance abuse programs during this case.” Further, the trial court ordered her to participate in the FDTC program. “Respondent advanced to phase three of the FDTC program, but she was ultimately unsuccessfully discharged from the program as a result of positive drug screens. Respondent also participated in individual family counseling and individual counseling, but respondent was not participating in those services at the time of the termination hearing.” She tested positive for substances in 6/19 and “thereafter failed to attend drug screens or participate in any services until respondent voluntarily entered an inpatient rehabilitation program in” 8/19. Thus, she “failed to rectify her substance use issues and maintain long-term sobriety by the time of the termination hearing in [10/19], despite her participation in various services to address her substance abuse issues.”
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