In Interest of K.C.C., K.M.C., and K.J.C. – Termination of Parental Rights
In Interest of K.C.C., K.M.C., and K.J.C.
NATURE OF THE CASE: This case involved an appeal from the termination of parental rights.
FACTS: The Department filed a petition for dependency in 1996 alleging that the parents of three children were unable to care for them due to the mother’s drug abuse and the father’s mental health problems. The Department later filed a petition to terminate the rights of both parents as the parents had breached the requirements of the case plan. The children were living without water or electricity and the mother admitted to drug abuse and the father was hospitalized at the VA. The trial court found that the parents’ failure was not due to financial reasons and that they failed to establish a stable residence, continued to use illegal drugs, validate mental health treatment, and complete parenting classes. The rights of both parents were terminated and this appeal resulted.
ISSUE: May parental rights be terminated based solely on financial conditions?
RULE OF LAW: No. Parental rights may not be terminated based solely on financial conditions.
HOLDING AND DECISION: Clear and convincing proof must be shown by the state to terminate parental rights. As for the father, the record reveals noncompliance based on financial circumstances. Since the children were adjudged dependent, he has qualified for Social Security and has increased his VA benefits and has $1,500 per month available. The father has also made arrangement for more suitable housing. The record does not contain clear and convincing evidence that the current housing is unacceptable. The trial court’s determinations are not supported as to the father. There is no evidence the father is an illegal drug user. The mother however admitted to having a drug problem and failed to seek treatment. We therefore affirm the termination of her parental rights.
DISPOSITION: Affirmed in part and reversed in part.