In the Int of: D.C.D.

D.C.D. was born in March 2011 to Mother C.Y.D. and Father J.T.W. Clinton County Children and Youth Services (“CYS”) took custody of D.C.D. the following day because she suffered medical problems as a result of Mother’s drug use, presumably during her pregnancy. Although she was placed briefly with maternal relatives and another foster family, Child has lived most of her life with her current foster family. The trial court found that she has bonded with this family, who was willing to adopt her. In this appeal, the Supreme Court reviewed the Superior Court's holding that a termination of parental rights petition filed by CYS must be denied if the agency failed to employ “reasonable efforts” to reunify a child with her parent. The Supreme Court held that there were remedies available to a court faced with an agency which was not providing reasonable efforts, "refusing a properly proven termination of parental rights petition, and thus harming an innocent child, is not among them." Accordingly, the Court reversed the Superior Court and reinstated the trial court’s decision terminating father’s parental rights. View "In the Int of: D.C.D." on Justia Law