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 case involves the termination of parental rights of Amie W. (Mother) to her child, Devin W. (Child), born May 12, 2010. The Children, Youth and Families Department (CYFD) took custody of Child and his brother, Trevor P., after reports of physical neglect and abuse by Mother, a long-term drug user. The children were placed with Fictive Kin Foster Parents, who are Trevor’s paternal grandparents, on September 5, 2017. An affidavit for ex parte custody order detailed instances of neglect and abuse, including findings of needles in the home and lack of food. The district court adjudicated the children as neglected and ordered Mother to participate in a treatment plan aimed at reunification (paras 3-5).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioner-Appellee (CYFD): Argued that Mother failed to make reasonable efforts to reunify with the children and did not ameliorate the causes and conditions of neglect within the foreseeable future. Highlighted Mother's non-compliance with the treatment plan, including failure to attend drug screenings, substance abuse treatment, and maintain safe and stable housing (paras 8-15).
• Respondent-Appellant (Mother): Contended that CYFD did not make reasonable efforts to reunify the family and failed to consider guardianship as an alternative to termination. Argued that she was unlikely to change the causes and conditions of neglect within the foreseeable future and sought another chance to prove her capability as a parent (paras 17-19).

Legal Issues

• Whether CYFD made reasonable efforts to assist Mother in adjusting the conditions that rendered her unable to properly care for the child.
• Whether there was clear and convincing evidence that the conditions and causes of neglect by Mother were unlikely to change in the foreseeable future despite reasonable efforts by CYFD.

Disposition

• The judgment of the district court terminating Mother's parental rights to Child was affirmed (para 1).

Reasons

• The Court of Appeals, per Judge Jacqueline R. Medina, with Chief Judge J. Miles Hanisee and Judge Linda M. Vanzi concurring, held that CYFD made numerous efforts to assist Mother in addressing the causes and conditions of her neglect, including referrals to individual counseling, medication management, and parenting classes. The court found that Mother's minimal compliance and lack of progress made reunification impossible. The court also determined that the district court was not required to consider guardianship before terminating parental rights, as the statute does not mandate such consideration. The court concluded that there was clear and convincing evidence that the conditions and causes of neglect were unlikely to change in the foreseeable future despite CYFD's reasonable efforts, and termination was in the best interest of the child. The court rejected Mother's arguments that her desire to parent and willingness to cooperate with CYFD's treatment program weighed against the assertion that the causes and conditions of neglect were unlikely to change in the near future, noting that Mother's testimony could be rejected by the district court as the finder of fact (paras 21-34).