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In re D. B.6/13/2005
ubjected to random home visits by DCS. DCS made provisions for supervised visitation between Mother and D.B. for at least four hours per month.
In February 2002, Mother petitioned Juvenile Court for overnight visitation with D.B. Mother asserted that she had completed the requirements set out by the court, including parenting classes, drug and alcohol treatment, and counseling sessions. In its March 2002 order, the Juvenile Court ordered that Mother be allowed overnight visitation with D.B. upon completion of a 28-day in-patient alcohol treatment program. The March 2002 order denied visitation to Father.
After a hearing on March 19, 2001, the Juvenile Court granted overnight visitation to Mother. Father was granted visitation, but the court required Mother or Grandmother to supervise Father's visits. The order stated that if visitation were successful, custody would be restored to Mother.
In April 2002, Mother was charged with domestic assault involving Father. Mother spent eighty days in jail for this offense.
In December 2002, DCS filed a petition to vacate the June 2002 order, based on Mother's domestic violence charge. The petition stated that the Juvenile Court had ordered that Mother have no contact with Father, and that Mother had violated that order. The petition noted that Father had admitted to sexually touching Mother's oldest daughter and that Father was charged with, but not convicted of, two counts of rape of a child. Based on Father's admission, DCS asserted, D.B. should not be returned to a home in which Father resides. The petition requested a hearing regarding visitation with revised conditions and limitations or, in the alternative, participation by both parents in intensive counseling to address the substantial risk of sexual abuse.
After a hearing on December 10, 2002, the Juvenile Court denied DCS's petition to vacate the June 2002 order. The Juvenile Court stated that it was impressed with the progress of both Mother and Father. The Juvenile Court then increased visitation with D.B., but required that the visitation be supervised by Grandmother. The court indicated that, if the visitation went well, it would consider returning custody of D.B. to Mother.
Subsequently, Mother was arrested for assaulting Grandmother, in an incident in which she broke Grandmother's hand. In February 2003, the Juvenile Court again revoked Mother's visitation because of the criminal charges against Mother stemming from this assault. On January 1, 2003, Father was incarcerated for reasons not stated in the record. A month later, the court reinstated visitation between Mother and D.B. in D.B.'s foster home.
Also in March 2003, DCS found a new home for Mother, separate from Father, and paid the first month's rent and utility deposit. Shortly after moving into the new home, Mother contacted Father and ended up moving back into Grandmother's house with Father.
In April 2003, Mother and Father signed a revised permanency plan ("revised plan"). (Exhibit 18) The revised plan changed the goal to adoption. The revised plan stated that the goal had changed because of the length of time that the case had been pending, and the fact that Mother continued to be in and out of jail, continued to be involved in domestic violence situations, and had no stable housing and no financial means for caring for D.B. Additionally, the revised plan included objectives for Mother and Father, the achievement of which could have resulted in their regaining custody of D.B. The objectives for Mother included obtaining and maintaining a stable home for D.B., working with a vocational counselor in order to provide financially for D.B., and continu
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