In re Interest of Gabriel N. et. al

SUMMARY: Termination was in the children’s best interests because the mother did not make significant progress toward rehabilitation and reunification and the children need safety and permanency that the mother cannot provide. 

The children, Jesse (DOB 9/23/96), Gabriel (DOB 9/29/98), Seth (DOB 3/29/00) and Dana (DOB 11/13/01) were removed from the parental home of Rebecca and Scott in April 2006 due to parental neglect. The parents admitted to the allegations and the children were adjudicated. In November 2007, the State filed petitions to terminate both parents’ parental rights to all four children. On July 21, 2008, the trial on the TPR petitions was held. Evidence established that the mother had drug and alcohol problems and that there was a history of domestic violence between the parents. Between removal and the TPR trial, the mother continued to use alcohol and drugs, did not actively seek or complete the necessary treatment, was convicted of driving while intoxicated and was unable to secure appropriate, safe housing or basic needs for her and her children. Evidence established that the mother also continued the violent relationship with the father, and they were both arrested in March 2008 for fighting each other. The psychologist who conducted the psychological assessment testified the Rebecca lacked the capacity to parent her children and would need to develop parenting, coping and other skills before being able to do so. The children also have serious behavioral problems that appear to stem in part from the parents and the nature of their relationship. After trial, the court terminated the parental rights of both parents. The mother appealed, challenging the finding that termination was in the children’s best interests.

The Court of Appeals found the termination to be in the children’s best interests and affirmed the termination of parental rights. The Court of Appeals found that in the 27 months the children were out of the home, the mother did not make significant progress toward rehabilitating herself or achieving reunification even though provided with ample time and opportunity. Even though the mother has a bond with the children, she is unable to provide them with a safe and stable environment and, especially given the children’s serious behavior problems, the children need permanency that the mother cannot provide.