Statutory grounds for termination; §§ 19b(3)(c)(i), (c)(ii), (g) & (j); Failure to challenge alternative statutory grounds; Reasonable reunification efforts; Mental-health services; Parent’s responsibility to participate in & benefit from services
The court held that respondent-mother was not entitled to relief from the order terminating her parental rights because she failed to challenge three independently sufficient statutory grounds and did not establish error in the finding that DHHS made reasonable reunification efforts. The children were removed after they were found home alone, with one child bleeding and found inside an oven that was on. The petition also alleged prior CPS involvement, substance abuse, untreated mental-health issues, and suicide attempts. After approximately a year of respondent’s noncompliance with services and parenting time, the trial court terminated her parental rights under §§ (c)(i), (c)(ii), (g), and (j). On appeal, respondent challenged only § (c)(ii). Because “only one statutory ground need be established by clear and convincing evidence,” her failure to challenge §§ (c)(i), (g), and (j) independently precluded appellate relief as to the statutory grounds. The court also rejected her unpreserved reasonable-efforts claim. DHHS recognized her mental-health difficulties and referred her for psychological, mental-health, and substance-abuse assessments. It made repeated referrals after she failed to follow through, offered transportation assistance, used calls, texts, and e-mails to remind her of appointments, provided calendars and priority lists, and referred her to additional mental-health and family-treatment programs. The court concluded that “DHHS modified services several times in an attempt to accommodate respondent-mother and reunify her with the children.” Respondent attended some services but did not continue with them and failed to meaningfully address her mental health. Given the services offered and her “commensurate responsibility” to participate in and benefit from them, she failed to show any error affecting her substantial rights. Affirmed.
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