Reasonable reunification efforts; Accommodation of a respondent’s disability; In re Terry; Children’s best interests; In re Atchley

Holding that the trial court did not err in finding that (1) the DHHS made reasonable reunification efforts and (2) it was in the children’s best interests to terminate respondent-mother’s parental rights, the court affirmed the termination order. She asserted that the DHHS failed to accommodate her disability in providing services. The court disagreed, noting that “the few services and service providers that [she] chose to engage with were aware of her need for accommodations, and, by [her] own admission, were satisfactory.” But respondent failed to “participate in the majority of the services that she was offered. Specifically, [she] did not get her court-ordered substance abuse evaluation, only completed a single parenting class program, did not participate in a domestic violence support group, did not follow up with a psychiatrist about psychiatric medications, and did not participate in dialectical behavioral therapy.” The court also noted that, to the extent she “was dissatisfied with her services, she never asked her caseworker for help. Given the number of services” the DHHS offered her, “which included accommodations for her disability, it made reasonable efforts toward [her] reunification with the children.” Respondent did not fulfill “her duty to participate in, and benefit from, reunification services.” As to the children’s best interests, the record showed they “were in foster care for over 18 months. The children had a strong bond with their foster caregiver, who had a suitable home and wanted to adopt them.” The record also showed that respondent “was noncompliant with her case service plan. The fact that another child had been removed from [her] care during the pendency of this case was further evidence that [she] was not making any progress and that the children could not be returned to her in the reasonable future.” There was also no evidence that her “housing issues would be resolved in a reasonable time.”