In Re Antonio J., Et Al.

A mother placed the children that are the subject of this appeal with a child placement agency because she was unable to provide a stable home for them. Ten months later, the agency filed a petition to have the children declared dependent and neglected; the court appointed a guardian ad litem for the children and in due course declared the children to be dependent and neglected and continued custody with the agency. The guardian ad litem initiated this proceeding to have the mother’s parental rights terminated on the grounds of abandonment by failure to visit and support, abandonment by failure to establish a suitable home, substantial non-compliance with permanency plans, and persistence of conditions; the agency later filed a separate petition on most of the same grounds also seeking termination of mother’s rights. Following a trial, the court terminated the mother’s rights on the grounds of abandonment by failure to visit, substantial non-compliance with the permanency plans, and persistence of conditions; the court also found that termination of mother’s rights was in the children’s best interest. The mother appeals, denying that grounds existed to terminate her rights and that termination was in the children’s best interest; the guardian ad litem and agency appeal the failure of the court to sustain the ground of abandonment by failure to support. Upon our de novo review, we affirm the determination that the evidence established the grounds of abandonment by failure to visit, substantial non-compliance with the permanency plans, and persistence of conditions; we vacate the holding that termination of mother’s rights was in the children’s best interest and remand the case for further consideration.