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In re M.C.G.5/26/1999
he parent's or guardian's home is healthy and safe, whether there is criminal activity in the home, or whether there is such use of alcohol or controlled substances as may render the parent or guardian consistently unable to care for the child; "(8) Whether the parent's or guardian's mental and/or emotional status would be detrimental to the child or prevent the parent or guardian from effectively providing care and supervision for the child; or "(9) Whether the parent or guardian has paid child support consistent with the child support guidelines promulgated by the department pursuant to § 36-5-101." T.C.A. § 36-1-113(h) (Supp. 1997).
In finding that termination of the Mother's parental rights was in M.C.G.'s best interests, the trial court specifically considered factors (1), (2), (3), (4), and (9). The trial court found that the Mother had failed to make such an adjustment of circumstances, conduct, or conditions as to make it in M.C.G.'s best interests to return to the Mother's home in the foreseeable future; that the Mother had failed to effect a lasting adjustment after reasonable efforts by available social services agencies; that the Mother had failed to maintain regular visitation or other contact with M.C.G.; that the Mother had failed to establish a meaningful relationship with M.C.G.; and that the Mother had failed to pay any portion of substitute physical care and maintenance for M.C.G. Elsewhere in its judgment, the trial court made findings relative to factor (7). The court found that the Mother's long-term drug addiction and its associated medical and legal problems had caused the Mother to be absent for a majority of M.C.G.'s life. The court further found that these extended absences significantly damaged an already weakened relationship between the Mother and M.C.G.
We conclude that the evidence supports the trial court's findings. Although the Mother had made some progress in her treatment for drug addiction, the Mother's counselors testified that this progress was not consistent and that, at times, the Mother acted in such a way as to hurt her treatment. As recently as January 1998, the Mother had been arrested for DUI after overdosing on methadone and had tested positive for Valium while in jail. The counselors suspected, but had no proof, that the Mother still was using marijuana. The Mother failed to follow the counselors' recommendation that she participate in support groups. When the counselors denied her request for more "carry-outs," the Mother became angry and requested a transfer to another methadone clinic.
Moreover, as noted by the trial court, the Mother's drug addiction and resulting legal problems caused her to be absent during a large portion of M.C.G.'s life. The most recent absence, from May 1997 to January 1998, only could have weakened the already fragile relationship between the Mother and M.C.G. By the time the Mother reentered M.C.G.'s life in January 1998, M.C.G. knew his foster parents as "Mommy" and "Dad." When he arrived for scheduled visits with the Mother, M.C.G. invariably exhibited anxiety at being separated from his foster parents, but he rarely exhibited any distress at the end of these visits when he was required to leave the Mother.
Finally, it was undisputed that the Mother paid no portion of the support for M.C.G. after he was placed in DCS's custody. In light of the foregoing evidence, we decline to disturb the trial court's finding that termination of the Mother's parental rights was in M.C.G.'s best interests.
The trial court's judgment is affirmed, and this cause is remanded for further proceedings consistent with this opinion. Costs of this appeal are taxed to the Mother, for which execution may i
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