In the Interest of J. M.

The Court reinstated the biological mother's parental rights because DFACS failed to present any evidence that her children would be seriously affected by her continuing parental relationship or that they were harmed by foster care drift.

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Following a hearing, a juvenile court terminated the mother’s parental rights to her minor sons, J. M. and J. W. The question on appeal is whether the Worth County Department of Family & Children Services “DFACS” presented clear and convincing evidence that the continued deprivation of the children would or was likely to cause serious physical, mental, emotional, or moral harm to the children. We hold that such evidence was not presented and therefore reverse.

In October 1993 when J. W. and J. M. were three and five years old respectively, DFACS removed the children from the care of the mother on the grounds that she was not providing primary care and supervision, that there was alcohol use and domestic violence in the home, and that she frequently left the children in the care of others with her whereabouts unknown. Over the next seven years DFACS created ten reunification plans, requiring the mother to maintain her mental health, to maintain her child/parent bond with the children, to maintain a safe and sanitary home, to remain alcohol- and drug-free, and to demonstrate appropriate parenting skills. She failed to maintain a safe and sanitary home, failed to display appropriate parenting skills, and twice tested positive for drugs. She generally met the other two plan goals, maintaining fairly regular contact with the children except when incarcerated once incarcerated for a period of nine months and meeting her mental health needs.

In the Interest of J. M.

The Court reinstated the biological mother's parental rights because DFACS failed to present any evidence that her children would be seriously affected by her continuing parental relationship or that they were harmed by foster care drift.

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