Children’s best interests; In re Atchley

Holding that the trial court did not clearly err in finding that termination was in the children’s best interests, the court affirmed the order terminating respondent-mother’s parental rights. It noted that both “children have significant developmental delays due, at least in part, to the neglect and trauma they experienced as young children. Because [they] have extensive special needs, the trial court ordered respondent to participate in the children’s medical and behavioral health appointments.” A foster care specialist (P) “testified that after years of services, respondent had not attended any of the children’s appointments to learn about their development and the care [they] required. [P] testified that even when the possibility of losing her children approached, respondent continued to demonstrate a lack of interest in [their] lives and failed to attend” the appointments. P also testified that while “there was a bond between respondent and the children,” it was not strong. P observed that their visits “appeared to be merely part of the children’s routine and were ‘very transactional’ rather than emotional.” The children “had been in the custody of someone other than respondent for approximately 80% of their lives as of the date of the best-interest hearing. During that time, [they] were with their foster families in long-term placements, and the foster families were willing to adopt them. The” referee found their “progress in their foster homes was critically important, and that further time spent attempting to reunify respondent with the children actually would be detrimental to” them. The trial court “considered respondent’s failure to adhere to the treatment plan, [her] limited parenting ability, [her] lack of interest in the children’s developmental and mental health progress, the advantages of [their] foster-care placements, and that the bond between respondent and her children was not strong.” The court noted that their “need for permanency, stability, and finality with their foster families, where they are thriving, is paramount.”