Summary: Termination of the parental rights was proper for both parents where the father continually failed to comply with the rehabilitation plan by not seeking substance abuse or domestic violence counseling and the mother was unwilling to end the abusive relationship with the father.
On May 12, 1987, C.D.C. (DOB 4/12/1986) was adjudicated due to having suffered a fractured skull the parents could not explain and having been spanked by his father on many occasions. Additionally, the father held his hand over the child’s mouth to stop him from crying, abused the mother in the child’s presence, and the mother failed to remove and protect the child from such an environment. The rehabilitation plan required the parents to comply with services, such as substance abuse treatment, domestic violence counseling, retaining lawful employment, and obtaining and maintaining a safe residence, free from violence and drugs for at least three months. Upon failure by each to comply with the plan, the Court terminated their parental rights.
The Supreme Court affirmed the termination. The father willfully failed to comply with any of the rehabilitation plan by not participating in the programs required by the court, such as drug and domestic violence counseling. The mother willfully failed to comply with the rehabilitation plan by continuing the abusive relationship with the father and was therefore unable to provide a safe home, free of violence or drugs. The Court noted that simply going through the steps of the plan was not enough; she must understand her problem and make efforts toward changing her behavior. The plan prescribed to the father was reasonably related to the object of reunification based on recommendations of care from intake counselors at the substance abuse treatment facility and the nature of the treatment offered at the facility. Additionally, a parent is required to provide for the basic necessities for their child and must therefore maintain legal employment. The father’s unwillingness to comply with the rehabilitation plan compels the conclusion that termination is in the best interests of the child. The mother’s continued relationship with the abusive father constitutes substantial and continuous neglect and a refusal to give the child parental care and protection. The mother’s inability to provide a healthy, loving, and safe environment for her child led the Court to conclude that termination was in the best interest of the child.