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 Juan R. to his young child, Jacob R. The child was born on October 25, 2017, and tested positive for benzos and opioids at birth due to both parents' heroin use during the mother's pregnancy. The child remained in intensive care until December 30, 2017, during which time the Children, Youth and Families Department (CYFD) obtained custody. Juan R. missed scheduled visits with the child during this period. A treatment plan was established for Juan R., which included a psychological evaluation, drug testing, individual counseling, and parenting classes, none of which he completed. Juan R. claimed work obligations prevented him from fulfilling these requirements and did not visit the child from February or March until the termination hearing in July (paras 2-4).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Respondent-Appellant (Juan R.): Argued that the Children, Youth and Families Department (CYFD) did not provide sufficient time to address his drug addiction and parenting skills and claimed that CYFD did not inform him of where to go for treatment. He also claimed to have participated in half of the parenting plan without providing proof (paras 2, 4).
• Petitioner-Appellee (CYFD): Presented evidence that Juan R. did not adjust and would not in the foreseeable future cure the conditions preventing him from properly caring for the child, despite CYFD's reasonable efforts toward family reunification. This included Juan R.'s failure to complete any part of the treatment plan established for him (para 4).

Legal Issues

• Whether the district court erred in terminating Juan R.'s parental rights based on the evidence presented regarding his failure to adjust and cure the conditions preventing him from properly caring for the child (para 2).

Disposition

• The Court of Appeals affirmed the district court's judgment terminating Juan R.'s parental rights to his child (para 6).

Reasons

• The Court, per M. Monica Zamora, Chief Judge, with Judges Linda M. Vanzi and Julie J. Vargas concurring, found that the record and the district court’s findings of fact and conclusions of law supported the termination of Juan R.'s parental rights. The Court concluded that CYFD had made reasonable efforts towards reunification but that Juan R. had not participated in the treatment plan or made efforts to adjust the conditions of neglect. The Court emphasized the child's welfare and the prospective adoption as primary considerations. The Court deferred to the district court's ability to weigh evidence and credibility, particularly in light of Juan R.'s claims about his participation in the treatment plan and his work obligations. The decision was based on substantial evidence showing that the causes and conditions of the underlying abuse and neglect would not be cured in the foreseeable future (paras 2-6).