L.G. v. State

While Mother was incarcerated, Father cared for the couple’s children. Following an adjudication of neglect, the district court approved a service plan for Father that included reunification services but did not order that reunification services be provided to Mother. After Father was incarcerated, the juvenile court established a primary permanency goal of adoption and terminated Father’s reunification services. After a termination hearing, the juvenile court terminated both Father’s and Mother’s parental rights. Mother appealed the termination of her parental rights. The court of appeals reversed, holding that a juvenile court is required to order reasonable reunification services to an incarcerated parent unless it determines that those services would be detrimental to the child. The Supreme Court reversed, holding that, if a child’s primary permanency goal does not contemplate reunification with an incarcerated parent, the juvenile court need not order reunification services. Remanded. View "L.G. v. State" on Justia Law