AI Generated Opinion Summaries

Decision Information

Decision Content

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 Kelly R. (Mother) to her child, Liberty T. (Child). The Children, Youth and Families Department (CYFD) took custody of the Child, citing concerns about Mother's inability to provide basic needs and housing for the Child and leaving the Child with inappropriate caregivers. Mother contends that she did not cause the conditions leading to the CYFD's involvement and challenges the sufficiency of evidence supporting the termination of her parental rights.

Procedural History

  • [Not applicable or not found]

Parties' Submissions

  • Petitioner-Appellee (CYFD): Argued that the Mother was unable to provide for the Child's basic needs and housing, and left the Child with inappropriate caregivers, which justified the termination of her parental rights.
  • Respondent-Appellant (Mother): Contended there was insufficient evidence to terminate her parental rights by clear and convincing evidence, especially since she did not cause the conditions that led to the inception of the case.

Legal Issues

  • Whether there was sufficient evidence to terminate the Mother's parental rights by clear and convincing evidence.
  • Whether CYFD made reasonable efforts under the treatment plan to assist Mother in addressing her long-term substance addiction issues that hindered her ability to care for the Child.

Disposition

  • The district court's order terminating Mother's parental rights was affirmed.

Reasons

  • The Court, led by Judge Julie J. Vargas with concurrence from Judges Jennifer L. Attrep and Megan P. Duffy, found that the Mother did not present any new facts, law, or argument that would persuade the Court that the notice of proposed disposition was erroneous. The Court noted that at the time the Child was taken into custody, CYFD identified concerns regarding Mother's inability to provide for the Child's basic needs and the choice of inappropriate caregivers. The Court also highlighted that Mother failed to make sufficient progress in complying with her treatment plan and that CYFD made reasonable efforts to assist Mother with her addiction issues, despite her lack of participation in recommended treatment programs. The Court emphasized that it does not reweigh evidence on appeal and found that there was clear and convincing evidence to support the district court's conclusion that CYFD had satisfied its statutory obligations and that termination of parental rights was justified (paras 1-7).
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