In re Interests of J.H.
In re Interests of J.H.
Opinion of the Court
Mother appeals the termination of her parental rights to her three children. She argues there was insufficient clear and convincing evidence to support termination of her parental rights or that it was in the best interest of the children to terminate her parental rights. After reviewing the entire record, we disagree and affirm the district court.
The district court may terminate a parent's rights when the State as the party seeking to terminate those rights has shown (1) the parent is unfit and will likely remain so for the foreseeable future and (2) it is in the best interests of the child to terminate the parent's rights. See K.S.A. 2017 Supp. 38-2269(a), (g)(1). Further, a parent's rights may be terminated only when the evidence supporting termination is especially strong; under the statute, the evidence must be "clear and convincing." K.S.A. 2017 Supp. 38-2269(a). To be clear and convincing, the facts must be highly probable. In re B.D.-Y. ,
We review a district court's decision to terminate a parent's rights by asking whether a rational fact-finder could have found it highly probable the parent's rights should be terminated. In re M.H. ,
The district court may base its finding of unfitness on one of several bases outlined by the Legislature. See K.S.A. 2017 Supp. 38-2269(a) - (c). If supported by clear and convincing evidence, a single statutory basis for unfitness can support terminating a parent's rights, though courts should consider all applicable factors. K.S.A. 2017 Supp. 38-2269(f) ; In re M.H. ,
Here, the district court relied on four statutory factors: First, Mother had shown a lack of effort to adjust her circumstances, conduct, and condition to meet the children's needs, K.S.A. 2017 Supp. 38-2269(b)(8) ; next, Mother's conduct was mentally and emotionally abusive for the children to witness, K.S.A. 2017 Supp. 38-2269(b)(2) and (4) ; and finally, reasonable efforts by public and private agencies to get the family back together had failed, K.S.A. 2017 Supp. 38-2269(b)(7).
The record includes clear and convincing evidence to support the district court's finding Mother had shown a lack of effort to adjust her circumstances, conduct, and condition to meet the children's needs. See K.S.A. 2017 Supp. 38-2269(b)(8). Mother failed to shield the children from Father's abusive behavior, a fact Mother acknowledged. The record also reflects the children had lost confidence in their Mother to change to protect them from Father. She also failed to provide stable housing and at the time of the termination hearing, she was living in a motel room in Lawrence with a friend after moving back from Oklahoma while the case was pending. Additionally, Mother failed to maintain stable employment or even provide proof of employment.
The district court also found Mother's conduct was emotionally abusive and neglectful, K.S.A. 2017 Supp. 38-2269(b)(2) and (4). Here, the emotional abuse and neglect the children suffered was a direct result of Mother not protecting them from Father's abusive behavior. As mentioned, Mother acknowledged the emotional trauma the children suffered as a result of her not leaving Father. The psychologist, Dr. Jean Dirks told the court, "[T]he girls were traumatized by seeing their mother, whom they really loved, being beat up by their father and their mother said it's okay." Additionally, Dirks was concerned about Mother's poor judgment for herself and the children. Indeed, we have held that a "parent's failure to protect their child from abuse constitutes 'conduct toward a child of [an] emotionally ... cruel or abusive nature.' " In re S.D. ,
Despite the evidence supporting the district court's findings of unfitness, Mother argues the court should not have terminated her parental rights because she substantially complied with the reintegration plan. She supports her position by citing to In re A.M. , No. 116,391,
It is true Mother complied with many aspects of her case plan and the district court acknowledged her partial compliance. But in A.M. , we set aside the district court's ruling because the father's behavior "was neither negligent nor malicious [and h]e had no pernicious conditions or characteristics that rendered him statutorily unfit."
Even if Mother's substantial compliance with the case plan was dispositive, we do not reweigh the evidence on appeal. We must take the evidence in the light most favorable to the State. In re B.D.-Y. ,
The record reflects, among other issues, Mother failed to complete the court ordered drug treatment program. She failed to complete the victim-based batterer's intervention treatment program and failed to provide stable housing and employment as the court ordered. Thus, when viewed in the light most favorable to the State, and giving primary consideration to the physical, mental, and emotional needs of Mother's three children, we are convinced there was substantial competent evidence to support the district court's finding under K.S.A. 2017 Supp. 38-2269(b)(7) that reasonable efforts to restore the family had failed. The district court's decision to terminate Mother's parental rights was based upon clear and convincing evidence.
The district court also made two other findings pertaining to its overall findings of unfitness. First, it found it was "highly unlikely that [Mother] could meet the emotional and physical needs of any of the children within the foreseeable future." See K.S.A. 2017 Supp. 38-2269(a). It also found terminating Mother's parental rights would serve the best interests of her children, explaining: "Returning these children to the custody and care of [Mother] would be extremely emotionally detrimental." See In re Interest of D.H. ,
In summary, considering all the evidence in the record before us, we find clear and convincing evidence supports a rational fact-finder's conclusion it is highly probable Mother was unfit by reason of conduct or condition rendering her unable to properly care for her children. Mother does not brief her challenge to the court's findings that her conduct or condition was unlikely to change in the foreseeable future and that termination was in her children's best interests.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.