In the Matter of B.L.R., D.O.B. 10/14/02, a Child Under 18 Years of Age

This appeal involves the termination of the parental rights of a biological father to his infant daughter. The day after the daughter was born, the Department of Children’s Services became involved with the family and learned that both the mother and father were using methamphetamine.  Shortly after the department became involved in this case, the mother took very little interest in her infant daughter. The department implemented several permanency plans calling for father to demonstrate that he remained drug free and was attending counseling to resolve his addiction. When the father failed to attend counseling on a regular basis and continually tested positive for methamphetamine, the department filed a petition to terminate his parental rights. Following a hearing on the petition, the trial court held that the department had proven, by clear and convincing evidence, all the grounds for termination alleged in the petition. The trial court also held that terminating father’s parental rights was in the child’s best interest. Father appealed, and we affirm the trial court’s decision regarding the grounds for termination, however, we vacate the order and remand this case to the trial court for further action consistent with this opinion.