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In the Interest of A.G.I.

Because the 17-year-old mother's incarceration kept her from visiting her infant, her failure to bond with the baby did not support the termination of her parental rights.

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Nicole Irvin was placed on parole by the Department of Juvenile Justice in 1996. In December 1998, 17-year-old Irvin was recommitted to the Department because she had committed another offense, apparently a criminal trespass involving a vehicle. Irvin was pregnant, so the Department allowed her to return to her home, but eventually placed her in a maternity group home. Irvin ran away from the home, but two weeks later she was apprehended and placed in a youth detention center.

In June 1999, while still in custody, Irvin gave birth to A. G. I., who was placed in a foster home. In July of that year, the Department of Family and Children Services DFCS filed a petition to terminate the parental rights of Irvin and the child’s father. In August, the juvenile court issued an order finding that A. G. I. was deprived because Irvin was in custody, Irvin was not mature enough to provide for the child, and the father’s whereabouts were unknown. The court further ordered that A. G. I. be placed in the temporary custody of DFCS.

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