Termination under § 19b(3)(b)(i); In re Jenks; Credibility determinations; In re HRC; Children’s best interests; In re Sanborn; Effect of the sexual victimization of one child on that child & siblings; In re Hudson

Holding that § (b)(i) supported termination and that terminating respondent-father’s parental rights was in the children’s best interests, the court affirmed the termination order. The trial court found that the testimony of one of the children (ATK) “asserting respondent sexually abused her was credible.” While no criminal charges were filed and he denied the allegations, the court noted that it does not displace a trial court’s credibility determinations. And a respondent’s denial of sexual abuse allegations does not preclude a finding that § (b)(i) exists when the trial court believed a child’s testimony alleging such abuse. The “trial court’s finding that ATK suffered sexual abuse at respondent’s hand and experienced repeated instances of inappropriate sexual touching mean[s] that its findings that the children ‘suffered physical injury or physical or sexual abuse,’ and that there was a reasonable likelihood it would happen again in the foreseeable future, were not clearly erroneous.” This statutory ground “‘specifically states that it applies to a child on the basis of the parent’s conduct toward the child’s siblings[.]’” As to the children’s best interests, in addition to ATK’s assertions, ADK’s testimony describing respondent’s treatment of the children at his home supported “the trial court’s finding as to respondent’s deficient parenting ability.” The children all “have special needs that are treated with prescription medication, but respondent failed to consistently administer [it] as prescribed. ADK testified that he believed his prescribed medication helped him, but that respondent withheld it” due to the side-effects. Further, respondent indicated “he failed to seek urgent medical attention when ATK ingested medication not prescribed for her, which he testified was an effort to harm herself.” The petition also contained physical abuse allegations “that were substantiated by ADK’s testimony.” ADK additionally testified that neither he “nor the other children were properly fed when they were with respondent.”