Reasonable reunification efforts; Americans with Disabilities Act (ADA); Cognitive impairments; Mental health; In re Hicks/Brown; In re Terry; In re Frey; In re Sanborn; Service plan; Accommodations; Failure to benefit

The court held that the trial court did not err by finding that DHHS made reasonable reunification efforts, including reasonable accommodations for respondent-mother’s disability-related needs. Respondent challenged only reasonable efforts after termination of her parental rights to three children, arguing that DHHS failed to accommodate her cognitive impairments and mental-health conditions. The court first recognized that, under Hicks/Brown, DHHS’s reasonable-efforts duty overlaps with the ADA when it knows a parent has a disability, but concluded the record contained “ample evidence” of accommodations. The foster-care supervisor testified that DHHS modified “typical and routine practices” by providing transportation, appointment reminders, “hands-on assistance,” a lawyer-guardian ad litem, psychological and IQ testing, help completing evaluation paperwork, and material supports such as pill containers, calendars, planners, bags, and glasses. The court also held that respondent failed to show the accommodations were inadequate because she did not identify specific service deficiencies or establish that she would have “fared better” with different services. Finally, it rejected the claim that DHHS prematurely sought termination based only on the psychological evaluation. The court reasoned that DHHS continued services after receiving the report, did not file the supplemental petition until late 2024, and witnesses later testified respondent “failed to demonstrate any benefit” from services or improvement sufficient to address reunification barriers. Affirmed.