In Re David S. Et Al.

This is an appeal from a termination of parental rights case. In terminating the parental rights of the children’s father, the trial court found that two grounds for termination had been properly established: abandonment by failure to provide a suitable home and persistent conditions. The trial court also determined that it was in the children’s best interest to terminate the father’s parental rights. In addition to terminating the father’s rights, the trial court terminated the parental rights of the children’s mother. On appeal, we conclude that considerations of fundamental due process require us to vacate that portion of the final order terminating the rights of the mother. We also conclude that one of the grounds relied upon for terminating the father’s parental rights, persistent conditions, must be vacated due to the trial court’s failure to consider all required elements of the statutory ground. The termination of the father’s parental rights is otherwise affirmed, however, for the reasons stated herein.