In re JB
| Decision Date | 26 September 2001 |
| Docket Number | No. 01-191.,01-191. |
| Citation | 787 A.2d 1290 |
| Parties | In re J.B., Juvenile. |
| Court | Vermont Supreme Court |
Present: AMESTOY, C.J., DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.
Mother and father appeal from an order terminating their parental rights to their son, J.B. Father contends that the court erred in admitting testimony from an SRS worker regarding father's inability to grasp parenting concepts seven years earlier which led to the termination of his parental rights to another child. Mother contends that the court's prejudgment of the case invalidates the termination proceeding. We affirm.
The court made the following findings, which neither parent has challenged on appeal. J.B., born September 26, 1999, is the son of mother A.B. and father R.B. J.B. was born with serious physical disabilities which required that he be fed through a feeding tube and remain hospitalized for the first six weeks of his life. Hospital officials alerted SRS that they were concerned the parents would be unable to care for the child due to his special needs and the level of conflict between the parents. On October 29, 1999, SRS filed a petition alleging J.B. to be a child in need of care and supervision (CHINS). At the CHINS merits hearing, mother admitted that due to her cerebral palsy and motor impairment she was unable to physically care for the child without assistance. Because of father's inadequate parenting skills, he was unable to help her care for the child. Father has a guardian assigned to him by the probate court to assist him with his living arrangements. He has been classified as having a lower level I.Q. and lacks the basic knowledge regarding child development to care for the child. On May 12, 2000, the court found J.B. to be a CHINS based on mother's admission, the domestic violence existing in the family, and father's lack of basic knowledge of child care necessary for the safety of J.B.
On July 5, 2000, SRS filed its original disposition report, which called for termination of parental rights, with a concurrent plan of services and possible reunification between mother and J.B. Visits were initially twice a week, for two hours per visit. Mother requested that the visits be reduced to once a week. During the visits, mother was often tired, and often arrived late or left early. Mother's ability to understand and meet the child's needs did not keep pace with the child's development. Father often used the visits to discuss his own personal problems with J.B.'s foster father. The couple's pattern of domestic violence continued. On August 2000, SRS filed a disposition report requesting termination of parental rights.
At the time of the TPR hearing, father was incarcerated for failing to comply with probation conditions on a previous offense, and had a domestic assault charge for his actions against mother and an attempted sexual assault charge pending. Father was not expected to be released from custody within two years. Mother distanced herself physically and emotionally from the child. A psychological evaluation of mother found her to be suffering from depression, anxiety, and post-traumatic stress symptoms. The evaluator recommended that mother's parental rights be terminated. The court concluded that mother's inability to parent the child went beyond her mere physical limitations. Mother refused to engage in services offered by SRS that might have assisted her in caring for J.B. Mother refused to obtain help for domestic assault, failed to grasp basic parenting skills, relocated to another state, and had serious emotional issues which required intensive therapy before she could safely parent J.B. The court concluded that mother did not have the present ability to parent J.B., nor would she have that ability within a reasonable period of time. The court concluded that father's incarceration, his lack of basic parenting skills and maturity, and his limited cognitive ability and history of violence against women made him unable to resume his parental duties in a reasonable period of time. Both mother and father appealed.
Father contends that the court erred in admitting the testimony of the SRS social worker who worked with father seven years earlier regarding his first child C.S. The social worker testified that R.B. did not benefit from prior departmental interventions and was unable to learn basic parenting skills and concepts. Eventually, father voluntarily terminated his parental rights to C.S. Although requesting an offer of proof, father did not object to this testimony during the hearing, and therefore has waived the issue on appeal. See O'Brien v. Island Corp., 157 Vt. 135, 141, 596 A.2d 1295, 1298 (1991). Notwithstanding this waiver, we see no error in the court admitting testimony regarding father's inability to acquire the skills necessary to parent his older child in assessing whether father will be able to acquire these same skills within a reasonable period of time in order to resume parenting J.B. See generally In re J.B., 167 Vt. 637, 640, 712 A.2d 895, 898 (1998) (mem.) (evidence of mother's past behavioral problems supported court's initial disposition decision to terminate mother's parental rights to infant removed from her care shortly after birth); In re B.M., 165 Vt. 331, 337, 682 A.2d 477, 480-81 (1996) ().
The only issue mother raises on appeal is that the court prejudged the case in making an ex parte determination that SRS's plan to seek termination, rather than reunification, was reasonable. Mother's appellate counsel discovered a "Reasonable Effort Affidavit: Permanency Review" form in the court file. The judicial determination form is required for the...
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