 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
In re D.M.4/30/2003
Mother has failed to maintain a level of consistency with her medication and has gone to the emergency room on a number of occasions. 16. Mother has failed to appear for 30 visits with her children.
These findings are amply supported by the record and not clearly erroneous. Based on these findings, the trial court did not err in determining continued custody is likely to result in serious emotional or physical damage beyond a reasonable doubt.
ISSUE FOUR
[ .] Did the trial court err in determining termination was the least restrictive alternative in the best interests of the children.
[ .] Mother contends that the least restrictive alternative would be allowing her continued custody with supervision by DSS. We have always recognized that the needs of the children are paramount and that their best interests must prevail. In re A.H., 421 NW2d 71, 75 (SD 1988). Parental rights may be terminated if it is in the best interests of the children and is also the least restrictive alternative available. SDCL 26-8A-26. The best interests of the children are viewed from the children's, not the parents', perspective. In re E.D.J., 499 NW2d 130, 135 (SD 1993).
[ .] The parents assert that they have made tremendous strides which support the imposition of other alternatives in lieu of termination. The trial court's findings, however, contradict that assessment. These children are desperately in need of safety, certainty and stability in their lives. The parents did not reach a point where they could adequately provide for the children during the nineteen months this matter was pending and it is uncertain if they ever will. Further delay in the search for permanency is not in the best interests of these children.
[ .] Affirmed.
[ .] GILBERTSON, Chief Justice, and SABERS, KONENKAMP, ZINTER, and MEIERHENRY, Justices, participating.
Page 1 2 3 4 5 South Dakota DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|