|
TERMINATION
OF PARENTAL RIGHTS. FAILURE TO REHABILITATE. EVIDENCE In this termination
of parental rights case, the appellate court denied the respondent
parents’ claim that the trial court erroneously terminated their
parental rights on “failure to rehabilitate” grounds, and that the
trial court improperly admitted the DCF social study as a “business
record.” The court record contained ample information regarding
the respondent mother’s ongoing substance abuse and psychological
problems. While the respondent father appeared much higher functioning
than the mother and had a long history of successful and gainful
employment, his failure to acknowledge his wife’s significant problems
or prepare a safety plan to address his children’s needs while he
was out of the country for months at a time due to work, supported
the trial court’s conclusion that neither parent successfully addressed
the conditions which led to the children’s removal. The court went
so far as to characterize the father’s unconditional loyalty to
the mother as “difficult to understand,” particularly when the children
were well-bonded with the father and the father could have modified
his employment in order to address the Department’s safety concerns.
Lastly, the court rejected the claim that the trial court improperly
admitted the DCF social study as a business record, noting that
the foundation for entry of a business record had been established
and the court has wide latitude to admit such evidence.
|
