Swenson v. State (In re LCH), 434 P.3d 100

Mother (Elizabeth Joy Swenson) had three children (2009, 2010, 2013); children placed in foster care after Mother's involuntary mental-health hospitalization in June 2013 and have remained in care.
DFS provided a reunification plan, extensive services, therapy, supervised visits, and a trial home visit in August 2014 that failed due to unsafe conditions in Mother's home.
A Kempe Center parent-child evaluation concluded Mother lacked capacity for long-term care for the youngest child and recommended immediate permanency for that child; two older children could wait six months for demonstration of progress.
Despite ongoing services through February 2016, Mother failed to maintain a safe home, missed or fell asleep during visits, and visitation increased childrens' behavioral problems and did not produce meaningful attachment.
The State petitioned to terminate Mother's parental rights; the district court terminated rights to all three children under Wyo. Stat. § 14-2-309(a)(v).

Issue	Mother's Argument	State's Argument	Held
Whether evidence clearly and convincingly supported termination under § 14-2-309(a)(v) (15 of last 22 months in foster care and parent unfit at time of trial)	Mother conceded long foster care period but argued she had made rehabilitative progress and needed more time and services to reunify	Children had been in foster care far longer than statutory period; Mother was unfit at time of trial (unable to meet children's physical, emotional, attachment needs)	Court affirmed: statutory time element met and clear-and-convincing evidence showed Mother unfit at trial; termination proper
Whether alleged deficiencies in DFS services or lack of court-order violations defeated termination	Mother argued DFS services were inadequate and that she was treated unfairly compared to others; claimed State did not prove she could not be rehabilitated	State argued adequacy-of-services and future potential irrelevant to the statutory § 14-2-309(a)(v) elements	Court held these complaints irrelevant to the statutory elements and did not prevent termination

AJJ v. State (In re KMJ), 242 P.3d 968 (Wyo. 2010) (deference to district court fact findings in termination review)
JLW v. CAB (In re WDW), 224 P.3d 14 (Wyo. 2010) (standard for reviewing termination sufficiency)
In re AGS, 337 P.3d 470 (Wyo. 2014) (elements of § 14-2-309(a)(v): 15-of-22 months and parental unfitness)
In re KMO, 280 P.3d 1216 (Wyo. 2012) (fitness includes ability to meet ongoing physical, mental, emotional needs; past behavior may be considered)
In re MN, 78 P.3d 232 (Wyo. 2003) (recognizing tension between parental rights and child's right to safe, permanent placement)