Termination under § 19b(3)(c)(i); In re White; Reasonable reunification efforts; Failure to comply with offered services; Child’s best interests
Holding that § (c)(i) was established, that reasonable reunification efforts were made, and that termination was in the child’s (M) best interests, the court affirmed the order terminating respondent-mother’s parental rights. The record showed she “failed to comply with the services that were offered to her, including parenting classes, substance abuse therapy, and drug screens.” While the DHHS failed to make a referral for a psychological evaluation, she did not show “how she would have fared better had she undergone” one. Further, the DHHS gave a parent partner two numbers for respondent, and the parent partner tried to contact her, but she “never returned the parent partner’s voicemails[.]” As to § (c)(i), the termination order was issued over 182 days after the initial disposition order. “Respondent’s unsuitable housing and drug issues were the primary conditions leading to adjudication.” She did not rectify either one. While she “had her own apartment for a brief period in 2018” she otherwise was unable to maintain stable housing as “she went in and out of treatment facilities throughout” the case. She also “failed to comply with services such as drug court and drug rehabilitation to help her address her substance abuse issues.” Her housing issues went back to 2017. She “admitted that she began using cocaine when 20 years old and failed to benefit from the services provided to help her achieve sobriety.” The court found that there was no reasonable likelihood “the conditions that led to adjudication would be rectified within a reasonable time considering” M’s age. Finally, “the trial court appropriately considered the applicable factors for” determining M’s best interests. It acknowledged the bond between M and respondent. But respondent failed to comply with her service plan or to visit M, and was absent from M’s “life for an extended period.” M’s foster family was willing to adopt her, and had the ability and desire to provide M “the permanency and stability that respondent lacked . . . .”
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