In The Matter Of The Parental Rights As To R.T.

396 P.3d 802 (2017)

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Nature of the Case

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Facts

D is a 26-year-old mother of four children. Washoe County Department of Social Services (P) received several reports indicating D did not have adequate housing for her children. D had changed residences several times, had been evicted from her most recent residence, and had exhausted all local resources for housing. The children were removed from D's custody in April 2013 and placed with a foster parent. D received a case plan and also assistance from the Children's Cabinet, a nonprofit agency that provides services to families in need. On January 1, 2014, E.H.-T. was born. D was evicted from her apartment, and she eventually moved into a trailer with the father of her children. P received a report indicating D's residence was not safe for the child. P observed a broken window, a broken glass door, a broken refrigerator, a knife on the counter, dirty dishes, and some trash and piles of clothes throughout the living room. E.H.-T. was not yet mobile, and the room where E.H.-T. slept was relatively clean and free of clutter. E.H.-T. was not removed from D's custody. D moved out of the trailer and into a motel room. P observed significant clutter, animal feces and urine, and dirty diapers throughout the room. E.H.-T. was subsequently removed from P's custody and placed with the foster parent. D received another case plan, which was similar to her first case plan. D was asked to participate in therapy and to undergo a psychosocial evaluation to ensure her purported depression and anxiety did not interfere with her ability to reunite with her children. From October 2012 to July 2015, D had resided in approximately 15 different shelters, apartments, and motels. D was provided with several services to help her find affordable housing. P helped D find employment opportunities and apply for jobs. D quit or was terminated from, almost every job she held within a month's time. D was referred to at least three separate therapists, services were discharged with each therapist after D failed to attend appointments. P filed an amended petition to terminate D's parental rights. The court terminated her parental rights after a six-day trial with 21 witnesses. with respect to all four children. The court held that D demonstrated only token efforts to care for her children and the best interests of the children were served by termination. P appealed. D argues that the district court terminated her parental rights due to her poverty and that poverty is not a valid basis for terminating one's parental rights.