Interest of B.H.

Cass County Social Services ("Cass County") appealed a juvenile court order denying termination of parental rights. B.H., born in June 2016, was the child of S.H. (mother) and C.H. (father). In July 2016, the juvenile court concluded that B.H. was a deprived child; had been subjected to aggravated circumstances due to prenatal exposure to methamphetamine; and ordered that B.H. be removed from the custody of the parents for a period of one year. The court also ordered that a treatment plan be developed in an effort to reunite B.H. with his parents. B.H. was returned to the parental home in October 2016. In March 2017, the mother and father tested positive for methamphetamine. B.H. remained in the home because the father intended to vacate the home and the mother committed to re-engage in treatment services. The father, who had pressured the mother to use drugs prior to the March test, left the home, but soon returned. In October 2017, both mother and child tested positive for methamphetamine. The father stated he could not be given a hair follicle test for methamphetamine because he had removed all his hair. B.H. was removed from the home, and Cass County petitioned for termination of both parents' parental rights. After a trial, the juvenile court denied termination of parental rights because it could not find by clear and convincing evidence that the conditions and causes of the deprivation were likely to continue or would not be remedied. Cass County argues that because the juvenile court found aggravated circumstances, it erred by denying termination of parental rights. The North Dakota Supreme Court determined the juvenile could did not abuse its discretion by denying the petition for termination of parental rights, and accordingly, affirmed the order. View "Interest of B.H." on Justia Law