By: Laura L. By: Minnesota: Appeals Court holds that neglect of a child is a basis for termination of parental rights.

https://scholar.google.com/scholar_case?case=12861072900952986133&q=child+visitation+2014&hl=en&as_sdt=4,24 Minnesota: Appeals Court holds that neglect of a child is a basis for termination of parental rights. The Minnesota Court of Appeals held IN THE MATTER OF WELFARE OF CHILD OF JBT, No. A14-0960 (Mich. Ct. App. Oct. 27, 2014) that the neglected child, in foster care, serves as a basis for terminating the mother’s rights to her child. Appellant J.B.T. is the mother of D.T., who was born on September 29, 2008. D.T.'s father is not known. In 2000, appellant was in a car accident and suffered brain injury. Appellant also has mental health issues. In February 2013, D.T. was placed in foster care due to possible neglect and/or abuse by his mother, when healthcare officials noticed bruises on D.T., although there was no evidence showing that appellant abused D.T. Due to J.B.T.’s mental health issues, she was required to complete evaluations, enroll in a safety plan, therapy and be consistently active in all services provided in order to be reunited with her son. In December 2013, Clay County filed a petition to terminate appellant’s parent rights on the grounds of an unfit parent. Appellant failed to participate in services offered, i.e. therapy. Appellant participated in visitation with D.T., but left visitations before ending due to J.B.T. acting out uncontrollably. In September 2013, Appellant moved to Fargo, North Dakota. Appellant stopped actively seeking therapy, so the services provided were discontinued. District court held that the state of appellant’s home and parenting surroundings is not relevant in this case, the issue is that due to her chronic mental health issues, she is deemed an unfit parent and cannot care for her child or herself. Because efforts to correct the situation failed, the court determined that there are clear grounds for parent termination. The appellate court affirms the lower court’s decision to terminate appellant’s parent rights when at least one ground for termination is clearly evidenced and efforts to reunite appellant and D.T were made but failed. Grounds for termination are palpable unfitness, correcting the conditions and a child is neglected and placed in foster care. At least one ground is reason for termination. Because D.T. is mentally ill, can cannot be reunited with D.T. Appellant did not work to correct her mental illness, therefore the decision to terminate rights was affirmed.