State Ex Rel. Children, Youth & Families Department

47 P.3d 859 (2002)

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Nature of the Case

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Facts

CYFD took custody of Elizabeth when she was 4 1/2 years old. M made the request. Elizabeth was dirty, unkempt, and hungry. Mother pled no contest to the child being without proper parental care or control necessary for her well-being, and a stipulated judgment was entered. M was not doing too well. She had a thyroid disorder, and breast cancer, and underwent a mastectomy in April 1998. CYFD arranged visits, but M did not engage well Elizabeth at that time. M was hospitalized twice for additional surgeries related to her mastectomy, and subsequently received home-based support and case management services until February 1999. The court found that M had made some efforts to comply with treatment, but ordered that Elizabeth was to remain in CYFD custody until further order of the court. M and Elizabeth were seen jointly by a therapist who halted the treatment after only five sessions. The therapist was highly unsatisfied with M's efforts to engage and felt the sessions had become detrimental. In February 1999, CYFD terminated M's visitation rights. CYFD requested a second permanency hearing seeking to change the permanency plan to a termination of parental rights. The court ordered CYFD to 'make referrals as appropriate' in an effort to continue to implement the treatment plan. Eventually, even the court gave up, and it conducted a termination hearing in August 2000. It was determined that Elizabeth needs a very high level of care, supervision, and stability and it could be traumatic to be removed from her foster parents because she has bonded with them and has come to view them as her 'psychological parents.' The court terminated M’s rights. M appealed.