In re D.S. and W.S.

Mother and father separately appealed a family court judgment terminating their parental rights to the minors D.S. and W.S. Mother contended the court improperly relied on factors beyond her control in concluding that her ability to parent had stagnated. Father contended: (1) the court improperly failed to address individually whether his ability to parent the children had stagnated; (2) the evidence failed to show that he was unable to resume parenting within a reasonable time; and (3) the court violated his right to due process of law by relying on expectations not in the case plan. The Supreme Court concluded that the predicate finding that mother’s failure to progress amounted to stagnation was unsupported, and therefore that the judgment terminating mother’s parental rights was reversed. The Court agreed with father that the trial court's findings were insufficient to support a conclusion that a termination of father’s parental rights was in the best interests of the children. The Court reversed as to both parents and remanded for further proceedings. View "In re D.S. and W.S." on Justia Law