Reasonable reunification efforts; § 19b(3)(c)(i); Child’s best interests

Concluding the trial court did not clearly err by finding that the DHHS made reasonable efforts to provide services to reunify respondent-mother and her child, KKA, that termination was warranted under § (c)(i), and that termination was in KKA’s best interests, the court affirmed. Respondent “repeatedly failed to engage in services throughout this case, including parenting time visits with the child, and mental health and substance abuse counseling. The trial court did not clearly err by finding that the DHHS made reasonable efforts to provide services to reunify [respondent] and KKA, but that [respondent] ‘refused to participate.’” As to § (c)(i), the court held that “the trial court’s findings were supported by clear and convincing evidence in the record. KKA had drugs in his system at birth, [respondent] tested positive for cocaine in the one drug screen she submitted in this case, and she gave birth to another child in 2023 who also tested positive for cocaine. [Respondent] did initially engage with some services, including a psychological evaluation and reportedly some outpatient therapy, but she failed to follow the recommendations from her psychological evaluation, which were to participate in neurological and psychiatric evaluations, to demonstrate sobriety, and to benefit from outpatient services.” The court noted that she “had a psychiatric evaluation and received a diagnosis of bipolar disorder, but she failed to treat her condition or show benefit from other offered services because she continuously refused to submit to drug testing or participate with verified outpatient therapy.” No evidence showed that she “was sober and, because she chose not to attend the termination hearing, the trial court had no indication that she would rectify the conditions within a reasonable time. Evidence also showed that KKA was in foster care for most of his life by the time of the termination hearing. Further, because KKA was diagnosed with autism, he needed to attend regular therapy sessions, additional medical appointments, and would need ongoing supports for his speech delay and other special needs throughout his life. [Respondent] could not provide a safe or stable home for KKA without addressing her substance abuse problems.” Moreover, her “failure to regularly visit KKA” and to appear for the termination hearing “showed that she would not provide the consistency that KKA will need to address his cognitive and emotional needs over time.”