In re Petition of D.R.M.; T.M.S., Appellant

Summary

The District of Columbia Court of Appeals affirmed the termination of T.M.S.’s parental rights over her three daughters and the waiver of her consent to their adoption by foster parent D.R.M. The court held that clear and convincing evidence supported findings that T.M.S. was unfit to parent and that adoption by D.R.M. was in the children’s best interests.

Holdings

1. The trial court properly found by clear and convincing evidence that T.M.S. was unfit because her ongoing mental-health issues, lack of insight, inability or unwillingness to correct the conditions leading to removal, unstable housing, and failure to demonstrate that she could meet the children's needs without endangering their welfare impaired her intention and ability to parent.
2. A parent's mental illness, standing alone, does not establish unfitness or justify termination of parental rights; the evidence must demonstrate that the illness interferes with the parent's ability to care for the child or exposes the child to an undue risk of harm.
3. The trial court properly waived T.M.S.'s consent because clear and convincing evidence showed that she was unfit, that she withheld consent contrary to the children's best interests, and that the statutory termination-of-parental-rights factors favored adoption by D.R.M.

Questions Presented

1. Whether the trial court clearly erred or abused its discretion in finding, by clear and convincing evidence, that T.M.S. was unfit to parent her three children.
2. Whether the trial court properly found, by clear and convincing evidence, that T.M.S. was withholding consent contrary to the children's best interests and therefore properly waived her consent to D.R.M.'s adoption petition.
3. Whether the trial court applied the correct standard of review, evidentiary standard, and statutory best-interests factors in terminating parental rights and granting the adoption.

Disposition

affirmed