In Re: A. R. and J. R.

Case Number
M2007-00618-COA-R3-PT

Both parents appeal the termination of their parental rights on the ground of substantial noncompliance with the permanency plan and failure to remedy persistent conditions. The dispositive issue is whether the Department failed to make reasonable efforts to reunite the family. The reasonableness of the Department’s efforts to reunite a family is dependent upon whether the services rendered were adequate to meet the needs of the family. In this case, the Department knew both parents needed significant psychological services to afford them the reasonable opportunity to meet the goals of the permanency plans and to remedy persistent conditions. The Department knew this because the psychologist who performed the mental health assessment of each parent at the direction of the Department issued a report recommending that both parents receive specific and significant mental health counseling. The record fails to establish that the Department provided the essential psychological services, without which the other services provided by the Department could not meet the needs of either parent or the family. Accordingly, we vacate the order terminating the mother’s and father’s parental rights and remand for further proceedings.

Authoring Judge
Judge Frank Clement, Jr.
Originating Judge
Judge Betty Adams Green
Case Name
In Re: A. R. and J. R.
Date Filed
Dissent or Concur
No
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