In Re Kdg II
68 So. 3d 748
| Miss. Ct. App. | 2011Background
- KDG was the legal father of KDG II (b. 2000) and RCG (b. 2002); the children had been in DHS custody for over six years.
- KDG spent substantial time in prison; he had not visited or contacted his sons for over a year before the termination petition.
- A 2008 youth court permanency order required KDG to enter a service agreement with DHS, schedule visits, pay child support, and undergo a psychological evaluation.
- DHS petitioned for termination in April 2009; the youth court held a bench ruling in November 2009 that termination was in the children's best interests.
- The youth court found clear and convincing evidence of two grounds: no contact for over a year and substantial erosion of the father–son relationship due to KDG’s prolonged absence.
- Chancery Court adopted the youth court’s ruling, terminating KDG’s parental rights to permit a stable plan and adoption; KDG timely appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether no-contact-for-over-a-year supported termination | KDG: no-contact ground not proven beyond doubt | DHS: clear and convincing evidence shows no contact | Yes, no-contact ground established under §93-15-103(3)(b) |
| Whether substantial erosion of the father–child relationship supported termination | KDG: no substantial erosion shown | DHS: prolonged absence caused erosion of relationship | Yes, substantial erosion supported under §93-15-103(3)(f) |
| Whether alternatives to termination were properly considered | KDG: alternatives should have been considered | DHS: best interests favored termination to allow adoption | Yes, alternatives properly considered and termination affirmed. |
Key Cases Cited
- In re A.M.A., 986 So. 2d 999 (Miss.Ct.App.2007) (year of no contact and incarceration duration relevant to §93-15-103(3)(b) analysis)
- W.A.S. v. A.L.G., 949 So. 2d 31 (Miss.2007) (standard: clear and convincing evidence; best interests paramount)
- In re V.M.S., 938 So.2d 829 (Miss.2006) (erosion analysis; interaction of contact and parenting opportunities)
- M.L.B. v. S.L.J., 806 So.2d 1023 (Miss.2000) (limits on termination when other parent may be better; context of custody)
- Petit v. Holifield, 443 So.2d 874 (Miss.1984) (foundations for termination when not in best interests; different factual context)