Termination under § (h); In re Mason; Reasonable reunification efforts; In re Hicks/Brown; Unpreserved issue; In re Pederson; Child’s best interests; In re Olive/Metts

The court held that reasonable reunification efforts were made, § (h) was met, and termination served the child’s best interests. The DHHS removed the child after he tested positive for amphetamines and heroin at birth, placed him with the maternal grandmother, and later established respondent-father’s paternity while he was incarcerated. After the trial court took jurisdiction over the father, the DHHS provided a treatment plan requiring therapy, substance-abuse services, parenting classes, drug screens, housing, income, and visitation. The father completed some classes while first incarcerated. But after release he became noncompliant, used meth, missed 29 of 33 drug screens, tested positive for meth and amphetamine, missed 27 of 33 visits, and was reincarcerated and later sentenced to 8 to 20 years with an earliest release in 6/32. On appeal, the court held that his reasonable-efforts issue was unpreserved and, in any event, the record showed the DHHS made referrals, continued seeking prison services, and the lack of services during the second incarceration was attributable to facility limits and the father’s own conduct, while he failed to meet his “commensurate responsibility” to participate and benefit. The court next found § (h) was satisfied because the earliest release date was well beyond two years, and the father had not provided proper care and custody through a plan or support. It distinguished Mason because the grandmother placement predated paternity and was not arranged by the father, and there was no reasonable expectation he could provide proper care within a reasonable time given the child’s young age and the father’s pattern of substance abuse and noncompliance. Finally, the court held that termination served the child’s best interests despite relative placement because the child lacked a bond with the father, was strongly bonded with the grandmother who intended to adopt rather than pursue guardianship, and needed permanency, stability, and finality during the father’s lengthy incarceration. Affirmed.