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Circuit court’s “continuing CHIPS” finding affirmed

Jefferson County Human Serv. Dep’t v. V.B., 2016AP2468-2469, 3/16/17, District 4 (1-judge opinion; ineligible for publication); case activity

The circuit court found that V.B.’s children were in continuing need of protective services and thus there it had grounds to terminate her parental rights pursuant to §48.415(2).  On appeal,V.B. unsuccessfully challenged the evidence supporting the 3rd and 4th elements of continuing CHIPS–namely, that the county made reasonable efforts to provide court-ordered services to V.B. and that V.B. failed to meet the conditions for return of her children.

The court of appeals held that testimony by a county social worker and case manager supported the circuit court’s finding that the necessary services were provided to V.B. ¶¶9-10. The social worker’s testimony further supported the finding V.B. had not satisfied the conditions for return. She had missed 7 months of mental health therapy and about 50% of her drug tests.  When she did submit to drug tests, she sometimes tested positive for marijuana and opiates. Plus V.B. did not manage her weekly 1-hour of supervised visitation with her children well. ¶11.

The court of appeals added that V.B. was unlikely to meet the conditions for return of her children within the next 9 months due to her mental illnesses: a personality disorder that has histrionic and narcissistic features, and adjustment disorder, and depression. ¶¶13-14.

 

 

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