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In re J.L.11/17/2005
{ } In this permanent custody case, the father of two boys ("the toddler" and "the infant") appeals the trial court's granting permanent custody of his two sons to the county. He also appeals the trial court's denial of his motion for legal custody of two other boys ("the nine-year-old" and "the seven-year-old"), who are sons of the mother of his two children. The mother is not a party to this appeal.
{ } The history of this case is a little confusing. The mother had four sons with the man who is the father of the nine-year-old and the seven-year-old. The father of these four boys is not a party to this appeal. These four boys were removed from the mother's home in late September 2000; two of them were placed in permanent county custody but are not the subject of this appeal. The two who are the subject of this appeal, the nine-year-old and the seven-year-old, were maintained in temporary custody in an attempt to reunite them with their mother.
{ } Shortly after the mother lost custody of her four sons in 2000, the father in this appeal was released from prison, where he served nineteen years for the rape of an adult. He and the mother entered into a romantic relationship, from which the toddler was born in November 2002. The toddler was immediately taken into county custody because the mother had tested positive for marijuana while she was pregnant with him. The father's younger son, the infant, was born in April 2004 and also was immediately taken into county custody.
{ } Both parents admitted to the toddler's and infant's dependency at the adjudication hearing. Further, they admitted that after completing outpatient treatment for marijuana, the mother refused to be tested for marijuana use; that the mother had been diagnosed with bipolar disorder; that the mother had failed to benefit from the services provided by the county; and that the father had been convicted of rape, assault, and driving under the influence .
{ } After the toddler had been placed in temporary county custody, the county provided the father with a case plan, which initially required only that he take parenting classes. Before the father completed the required parenting classes, the case plan was amended to include a requirement that he obtain adequate housing. After the father had completed the parenting classes, but before he had completed the housing requirement, he was convicted of assault and DUI. He failed to inform the social worker of the DUI until four or five months after the conviction. His case plan was then amended to include a requirement that he receive a substance abuse assessment, which he failed to obtain. He finally underwent the assessment but refused to participate in the intensive outpatient program, which was required following the assessment. After ninety days, that assessment expired and he was required to undergo another assessment. Following the second evaluation, he again was required to attend an intensive outpatient program, as well as a psychological assessment because of a significant discrepency between the results of the first and second substance abuse evaluation.
{ } The father underwent the psychological assessment and finally began substance abuse treatment, which was ongoing at the time of the permanent custody hearing, nine months after he was initially referred for the substance abuse assessment.
{ } Following an extensive hearing, the trial court granted permanent custody of all four children to the county. Although both the mother and the father filed pro se notices of appeal, only the father followed through with his appeal. He is represented by the same court-appointed counsel who represented him at the permanent c
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