AI Generated Opinion Summaries

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 a mother's parental rights to her children. The mother was put in a position where she had to choose between asserting her innocence regarding a child's injury and her rights as a parent. The district court found that the mother did not complete her treatment plan because she did not acknowledge or accept the medical records as accurate and denied culpability for the child's injury. Despite the Children, Youth & Families Department (the Department) providing counseling, the mother failed to make the necessary efforts towards reunification.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioner-Appellee (Children, Youth & Families Department): Argued that the mother failed to complete her treatment plan, which was necessary to remedy the physical neglect of and lack of supervision over the child.
• Respondent-Appellant (Mother): Contended that the evidence was insufficient to support the termination of her parental rights and argued that she was put in a position of choosing between her right to assert her innocence and her rights as a parent. She also contended that she was confused about the cause of the child's injury due to being informed of different possible causes.

Legal Issues

• Whether sufficient evidence was presented to support the termination of the mother's parental rights.
• Whether the mother was unfairly put in a position of choosing between her right to assert her innocence and her rights as a parent.

Disposition

• The district court’s termination of the mother's parental rights was affirmed.

Reasons

• J. Miles Hanisee, Judge, with Jenniffer L. Attrep, Chief Judge, and Jacqueline R. Medina, Judge, concurring, found that the mother did not meet the burden of clearly pointing out errors in fact or law in her opposition to the proposed summary disposition. The court was unpersuaded by the mother's assertion that she was put in a position of choosing between her right to assert her innocence and her rights as a parent. The court noted that the mother's failure to acknowledge the veracity of the medical records documenting the child's injury or accept any responsibility was a failure to meet an essential component of the treatment plan necessary for reunification. The Department's efforts to provide counseling were noted, but the mother's failure to make necessary efforts was highlighted as a reason for affirming the termination of parental rights (paras 1-4).