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In re D.M.4/30/2003
Considered on Briefs April 16, 2003
[ .] This is an appeal regarding the termination of parental rights concerning four minor children. The children are Native American and the provisions of the Indian Child Welfare Act (ICWA) are applicable.
FACTS
[ .] S.B.C.-M. (Mother) is the maternal parent of B.B.C., D.M., R.M. and T.B.C. R.M. (Father) is the paternal parent of three of the children; D.M., R.M. and T.B.C. Father and Mother were married but are now divorced. L.M.L. is the paternal parent of B.B.C. L.M.L. did not participate in the proceeding below and does not appeal the termination of his parental rights. At the time this proceeding commenced, B.B.C. was age eleven; D.M. was age three; R.M was age two and T.B.C. was age eight months.
[ .] On January 1, 2001, Mother was transported by ambulance to the emergency room after she was found unconscious in her home. It was determined Mother may have suffered a seizure that evening. Mother had previously undergone surgery in 1999 for a brain aneurysm and was medicating for pain stemming from her condition. As a result of that surgery mother suffers physical effects including short term memory loss, speech problems, slight paralysis in the left arm, severe headaches and seizures on occasion.
[ .] Earlier that evening Father arrived at Mother's apartment intoxicated. Mother left with Father and contacted a niece to care for the children. Mother believed that she was going to experience a seizure that day. Mother later returned to the apartment "very, very drunk" and was angry. She accidentally hit one of the children in the nose causing him to bleed. Mother then took her pain medications and mixed them with beer by pouring the beer into her pill bottle. Mother threw an ashtray at niece and niece left.
[ .] Mother called her pastor and told him that she was going to commit suicide. Law enforcement responded to the scene after reports of a possible assault. Upon arrival at the scene the officers were informed of the suicide call. Mother was discovered lying unconscious on the floor of the children's bedroom. The children were temporarily placed with the niece until Father sobered up. DSS was informed of the incident.
[ .] Two days later, DSS received a report of possible abuse and bruising on one of the children. A social worker and law enforcement agent went to Father's residence to conduct a welfare check on the children that morning. Father smelled of alcohol and he admitted he had been drinking. One of the children had been sleeping on a bed with no obstructions to prevent rolling off. Upon investigation, the majority of the bruises turned out to be birth marks except for a bruise on the forehead that occurred when the child fell off the bed. The social worker observed that the children were very dirty and messy. Mother was contacted in the hospital and a decision was made to take the children into protective custody. Mother believed Father was a danger to the children when he was drinking. The concerns at that time were Father's drinking, lack of supervision, appropriateness of care and concerns related to Mother's physical and mental condition.
[ .] Subsequently, the Department received a report that B.B.C., who was not present on that night, was now in Mother's care. B.B.C. was believed to have been born with fetal alcohol syndrome and was then sent to live with an aunt. He later spent some time in the Black Hills Children's Home. Thereafter, B.B.C. was sent to live with his grandfather until Mother determined he was not properly caring for B.B.C. After verifying B.B.C. was with Mother the social worker encouraged Mother to return him to grandfather's care. S
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