Termination under § 19b(3)(j); Children’s best interests; In re White

Holding that § (j) warranted termination and that it was in the children’s best interests, the court affirmed the order terminating respondent-mother’s parental rights. The record showed she “struggled with substance abuse throughout much of the proceedings. Respondent was also unable to rectify her lack of suitable housing and employment.” She was removed from multiple homeless shelters during the proceedings “and exhausted the housing resources that DHHS made available to her.” As to employment, she “held multiple jobs throughout the proceedings but failed to maintain them.” In addition, there was evidence that her “parenting skills posed a barrier to reunification. Respondent completed parenting classes and addressed parenting skills during therapy. Yet, the assigned foster care caseworker opined that respondent had not accepted responsibility for allowing her boyfriend to have continued contact with the children despite her knowledge of his sexual abuse.” Lastly, and the court found “most critically, there was evidence that reunification also posed a risk of further emotional harm to the children.” They lived with their maternal aunt throughout the proceedings “as part of a relative foster care placement. The assigned foster care caseworker testified that the children’s maternal aunt provided love, safety, and stability for the children and shared a bond with them. The[y] reported to the assigned foster care caseworker that they did not wish to return to respondent’s care.” The record supported the trial court’s determination “there was a reasonable likelihood that, based on respondent’s conduct or capacity, that the children would be harmed if returned to her care.” As to their best interests, the record showed she “did not share a strong bond with” them while they had a bond with their maternal aunt, who testimony indicated provided them with a stable and safe home environment. “The referee explicitly stated that the children’s relative placement weighed against termination and recognized that” their maternal aunt wished to adopt them “in lieu of a guardianship arrangement.” The court found that the record supported the referee’s findings and conclusions (adopted by the trial court), and those “findings properly accounted for the children’s relative placement and the applicable best-interests factors.”