X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The mother of B. A. appeals the termination of her parental rights, challenging the sufficiency of the evidence. She argues that the State failed to prove either parental unfitness or that termination of her parental rights would be in the child’s best interest. Finding the evidence sufficent, we affirm. On appeal from a termination of parental rights, we defer to the juvenile court’s factfinding and do not weigh the evidence or determine the credibility of witnesses.1 Our role is to determine whether “any rational trier of fact could have found by clear and convincing evidence that the natural parent’s rights to custody have been lost.”2 Viewed in this manner, the record reflects that in October 2005, B. A., who was then three years old, and her brother, P. S., then eight years old, entered the custody of the Department of Family and Children Services “DFCS” based on allegations of emotional abuse, lack of stable housing, domestic violence in the home, and drug use by the mother. A reunification case plan was entered; however, as of February 2006, a citizen review panel found that the mother had not taken any steps to comply with her case plan.

The DFCS case plan required the mother to: undergo a substance abuse assessment; attend and complete a drug and alcohol treatment program; submit to random drug screens; remain drug and alcohol free; attend and successfully complete parenting classes; have a source of income and sufficient housing; and obtain childcare services or otherwise ensure proper supervision of the children. In August 2006, a citizen review panel again found that the mother “had made no effort to work her case plan.” On November 16, 2006, the juvenile court held a non-reunification hearing and granted DFCS’s motion for non-reunification. The juvenile court found that the mother had made no progress on her case plan, was unemployed, had refused drug screens, had avoided receiving DFCS services, and had no electricity, water, or telephone in her home, which was in the foreclosure process. That order was not appealed.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

ABOUT THIS RECRUITMENTOur attorneys face some of the most challenging, cutting-edge legal issues in the environmental field. As such, we ar...


Apply Now ›

Hofstra University enrolls over 6,000 undergraduate students and nearly 4,000 graduate students in 13 schools, which feature a variety of de...


Apply Now ›

McCarter & English, LLP is actively seeking a patent associate, patent agent, or technical specialist for its Intellectual Property Prac...


Apply Now ›