AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Children, Youth and Families Department (CYFD) took custody of a child approximately fourteen days old due to allegations of abuse and neglect resulting from the mother's inability to discharge her responsibilities because of mental disorder or incapacity. The mother pled no contest to the allegations, and the district court found the child to be neglected based on the mother's unresolved mental health, substance abuse, domestic violence, and parenting issues. A treatment plan was adopted to facilitate reunification, but the mother's compliance with the plan waned over time, leading CYFD to move for the termination of her parental rights (paras 2-4).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioner-Appellee (CYFD): Argued that the mother failed to comply with the treatment plan, did not accept responsibility for the causes and conditions that led to the child's custody, failed to adequately address mental health issues, and failed to recognize ongoing safety risks to the child (para 4).
• Respondent-Appellant (Mother): Contended that CYFD failed to make reasonable efforts to assist her in ameliorating the causes and conditions of neglect, failed to provide reasonable accommodations under the Americans with Disabilities Act (ADA), and argued that the district court’s finding of presumptive abandonment was not supported by substantial evidence (para 1).

Legal Issues

• Whether CYFD made reasonable efforts to assist the mother in ameliorating the causes and conditions which led to the neglect of the child.
• Whether CYFD provided the mother with reasonable accommodations under the Americans with Disabilities Act (ADA).
• Whether the district court's finding that the mother had presumptively abandoned the child is supported by substantial evidence.

Disposition

• The Court of Appeals affirmed the district court's termination of the mother's parental rights to the child (para 1).

Reasons

• The Court of Appeals, with Judges Briana H. Zamora, Jennifer L. Attrep, and Zachary A. Ives concurring, found substantial evidence supporting the district court's conclusion that CYFD made reasonable efforts to assist the mother, including providing referrals for services under the treatment plan and efforts to ensure continued visitation between the mother and child. Despite these efforts, the mother did not follow through with her responsibilities under the treatment plan. The court also found that the mother did not establish that she was a qualified individual with a disability under the ADA, and thus, the argument regarding reasonable accommodations was not supported by evidence. The court concluded that the termination of parental rights would promote the child's physical, mental, and emotional welfare and needs, affirming the district court's judgment (paras 8-22).