Reasonable reunification efforts; In re Fried

Holding that the DHHS made reasonable reunification efforts and that respondent-mother failed to “benefit from or sufficiently cooperate and participate” in the provided services, the court affirmed the trial court’s order terminating her parental rights. The DHHS provided her with services that included “psychological evaluations, housing and employment resources, drug screenings, counseling, parenting skills, parenting time, and transportation assistance. Nevertheless, her compliance with the treatment plan was poor.” From the start of the case, she did not fully participate in services. “She missed four scheduled psychological evaluations” and more than half of scheduled parenting time visits, causing the child “significant distress[.]” Respondent also had positive drug screens and missed 17 random drug tests. She “failed to provide the necessary medical releases to show whether she received any mental health treatment, substance abuse treatment, counseling services, or medications. She also failed to submit proof that she attended parenting classes. Although this matter was pending for about 13 months, [she] did not complete her psychological evaluation until during the middle of the termination trial. She also never provided verified drug screening results and the in-patient paperwork she provided to her caseworker during the middle of the termination trial showed that she left the rehabilitation facility after only seven days.” Despite the fact she “had a significant history of substance abuse, she never participated in the necessary and verifiable services to establish that she was no longer abusing substances.” She emphasized her transportation issues but “the gas cards that she did receive were not used properly because she misled her caseworker about needing them to travel to a rehabilitation facility even though she had returned from the facility the day before.” The court noted that to “prove a claim of lack of reasonable efforts, a respondent must show that she would have fared better had petitioner offered other services. . . . Respondent was provided numerous services over the course of this matter but failed to timely complete or benefit from” them and she failed to show “that she would have fared better had additional services been offered.”