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 the respondent (Mother) to her child (Child). The Children, Youth, and Families Department (CYFD) took custody of the Child, leading to legal proceedings to terminate the Mother's parental rights due to her failure to comply with her treatment plan and other conditions that brought the Child into custody.
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Petitioner-Appellee (CYFD): Argued that they provided reasonable efforts to assist the Mother in complying with her treatment plan and that the termination of her parental rights was supported by evidence due to her general failure to comply with the plan.
- Respondent-Appellant (Mother): Contended that CYFD did not make reasonable efforts to alleviate the causes and conditions that brought the Child into custody. Additionally, for the first time on appeal, argued that her mental health issues warranted the application of the Americans with Disabilities Act (ADA) and that the district court was required to consider reasonable accommodations in deciding the appropriateness of her treatment plan and CYFD's efforts to rehabilitate her.
Legal Issues
- Whether CYFD provided reasonable efforts to assist the Mother in complying with her treatment plan.
- Whether the Mother's mental health issues warranted the application of the Americans with Disabilities Act (ADA) and required the district court to consider reasonable accommodations.
Disposition
- The Court of Appeals affirmed the termination of the Mother's parental rights.
Reasons
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The Court, consisting of Judges Jacqueline R. Medina, Kristina Bogardus, and Megan P. Duffy, found that the Mother did not properly preserve the issue of ADA applicability for appeal. The Court noted that to preserve ADA issues, a parent must assert they are a qualified individual with a disability and create a sufficient record for appellate review, including a request for relief citing the ADA with supporting facts. The Court found no such preservation in this case, as the Mother did not identify any portion of the record where she requested relief citing the ADA or supported such a request with facts. Consequently, the Court could not consider the ADA argument on appeal. The Court also noted that the Mother's failure to continue arguing her previous issues led to their abandonment. Based on these findings, the Court affirmed the termination of the Mother's parental rights, remaining unpersuaded that the district court erred in its decision (paras 1-7).
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