§ 19b(3)(j); “Harm”

The court concluded that “the trial court did not commit clear error by finding a ground for termination of” respondent-mother’s parental rights to the child (WH) under § (j). Also, although she had “not challenged on appeal the trial court’s finding that termination of [her] parental rights was in the best interests of WH, a careful review of the record reveals that the trial court did not commit clear error in its finding on the best interests of WH.” The trial court decided that the mother’s “history of violent outbursts and derogatory comments regarding WH’s [Down Syndrome] condition would likely result in harm to him if he were returned to her care.” It described the mother as “actually violent.” Her behavior reflected “a recurring pattern of violence that did not improve by participating in services offered by the DHHS. Her communications with” H, the father of another child, suggested that mother “understood that she presented a risk of harm to her children.” The court held that because “of the likely impact of reunification on WH’s physical and mental health, we conclude that the trial court did not clearly err by finding that a statutory ground for termination existed under” § (j). Affirmed.