Termination of Parental Rights Parental Instability Best Interests of Child
In the Interest of M.L., PICS Case No. 17-1167 (C.P. Adams May 24, 2017) George, J. (8 pages).
Termination of a father's parental rights was proper where he failed in multiple respects to abide by the court's reunification plan, and where he posed a serious safety risk to the child.
The child, M.L. was taken into custody at her birth in August 2015, by county social services. M.L. had been in kinship foster care continuously since that time. At a dispositional review hearing in November, 2015, the court established reunification as a goal, setting forth a reunification plan. The plan called for the parents to attend regular visitation and well as medical appointments. The plan also required the parents to participate in intensive parenting services, including a requirement that the father, D.L., was to address anger management issues and attend outpatient mental health counseling. Both parents were required under the plan to verify employment and provide stable and safe housing for the child.
D.L. was sporadic at best in his visitation with M.L., and he did not attend her medical appointments. He was unwilling to provide verification of his employment. Although D.L. claimed to have participated in mental health treatment, he never provided independent confirmation of this. D.L. was evicted from his home and could not provide proof of any residence. When D.L. was allowed unsupervised contact with M.L., he transported her while driving with a suspended operator's license. The record indicated that D.L. had a history of depression and suicidal ideations. A psychiatric evaluation in November 2014, stated that his personality traits presented a high risk of future child abuse. D.L. was also charged with crimes including burglary and impersonating a public servant. At the time of his arrest on the burglary charges, D.L. was in possession of a firearm, despite a prior court order prohibiting this.
The court found that for at least the statutory period of six months D.L. refused or failed to perform his parental duties. He blatantly ignored the requirements of the court's reunification plan and refused to meaningfully address his mental health issues. The court held it was appropriate to terminate parental rights under these facts.
Termination was in the best interests of M.L. She had been doing well in her foster home and had formed significant bonds with the foster-parents and foster-siblings. The court concluded that the child's well-being would only be jeopardized by delay in permanent arrangements.
D.L. argued that the action against him was punitive, but the court disagreed. The record indicated the agency made efforts toward reunification, but D.L. chose to only attend visitations occasionally, and sometimes he did not attend scheduled court proceedings. D.L. consistently failed to provide verification of his employment, housing, and mental health treatment. Given the demeanor of D.L., his serious and untreated mental health issues, and the safety threat he posed to the child and to social service providers, the court concluded termination should be affirmed.