In Re Adoption/Guardianship of Jasmine D.
94 A.3d 837
Md. Ct. Spec. App.2014Background
- Jasmine D. was born in 2002 to Stephanie N. and an unknown father and has spent most of her life in foster care due to Ms. N.’s alcohol problems.
- Jasmine was adjudicated a Child in Need of Assistance (CINA) on December 2, 2009 and placed with the Howard County Department of Social Services (the Department).
- The Department filed a Termination of Parental Rights (TPR) petition on March 18, 2013; a trial occurred August 28–29, 2013, at which Ms. N. was found unfit and TPR was granted in Jasmine’s best interests.
- The record shows a history of alcohol abuse, multiple treatments offered, and repeated noncompliance with services and court orders, including refusals of inpatient treatment and numerous failed or inconsistent treatment efforts.
- Jasmine began living with her current foster family in August 2012 and, over time, expressed a desire to be adopted and to end the parental relationship with Ms. N.
- The juvenile court weighed the FL § 5-323(d) factors and concluded that terminating Ms. N.’s parental rights was in Jasmine’s best interests given Ms. N.’s unfitness and failure to achieve lasting change.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination was supported by unfitness or exceptional circumstances | N. contends no detriment from continuing the relationship. | Ms. N. argues exceptional circumstances negate termination. | Termination upheld based on unfitness; exceptional circumstances not required. |
| Whether Jasmine’s bond with N. overrides best interests | N. stresses strong mother–child bond. | Court did not give bond sufficient weight to overcome unfitness and best interests. | Bond did not defeat Jasmine’s best interests in terminating rights. |
| Whether the FL § 5-323(d) factors were properly weighed | Court should rely on factors collectively to determine best interests. | Argues the factors do not support termination if not all are adverse. | Court properly weighed the factors and held termination in Jasmine’s best interests. |
Key Cases Cited
- In re Rashawn H., 402 Md. 477 (2007) (parental rights terminate when best interests require)
- In re Jayden G., 433 Md. 50 (2013) (fusion of unfitness, exceptional circumstances, and best interests)
- In re Adriana T., 208 Md. App. 545 (2012) (standard of review and best interests in TPR cases)
- In re Darjal C., 191 Md. App. 505 (2010) (fuse concepts of unfitness and best interests)
- In re Shirley B., 419 Md. 1 (2011) (deference to trial court’s balancing of factors)
- In re Adoption/Guardianship of Ta’Niya C., 417 Md. 90 (2010) (unfitness and exceptional circumstances framework)