SUMMARY: The Court of Appeals upheld the termination of a mother’s parental rights where continued alcohol abuse prevented her from providing “necessary parental care and protection” and caused her conduct to be “seriously detrimental to the health, morals, or well-being of” her children. Further, termination was in the best interests of the children because they needed permanency.
Connor and Marissa’s mother, Teresa, had her parental rights terminated by the juvenile court due to her ongoing alcohol dependency. Teresa failed to follow through with the conditions of her probation and orders of the juvenile court. Teresa continuously harassed Connor’s foster mother, resulting in a restraining order against Teresa. She also arrived at her ex-husband’s house intoxicated and attempted to take Marissa in the car with her. Between 2003, when Connor was removed from her home, and September 2005, when a supplemental petition concerning Marissa was filed, Teresa failed to maintain sobriety.
The Court of Appeals determined that State did prove a statutory basis for termination by clear and convincing evidence. Teresa’s alcohol dependency and inability to “abstain from its use despite being on probation and despite juvenile court orders concerning participation in Alcoholics Anonymous and treatment for alcohol abuse,” indicated that she “substantially and continuously or repeatedly neglected and refused to give the juvenile necessary parental care and protection,” and that she was “unfit by reason of conduct which is seriously detrimental to the health, morals, or well-being of the juvenile, including the habitual use of intoxicating liquor or other controlled substances.”
Termination of Teresa’s parental rights was also in the best interests of the children. The court found that “the children need permanency and that Teresa ha[d] failed to make sufficient progress toward being” a parent. Although the children had not suffered “actual injury or physical harm,” Teresa did threaten “to commit suicide while Marissa was in Teresa’s sole care” and “attempted to drive an automobile with Marissa as a passenger while Teresa was intoxicated” and that “a court need not await disaster…before taking steps in the interests” of the children.
Teresa also appealed the “juvenile court’s denial of her motion for continued visitation;” however, Teresa only requested “continued visitation ‘pending appeal.’” Since this hearing effectively concluded the appeal, the court found that the issue was moot, since “Teresa did not request continued visitation after the appeal.”