In the Interest of A.F.

Outcome: Termination of Parental Rights Reversed

Description: The appeals court found that the record failed to present clear and convincing evidence that the children's deprivation was likely to continue. Both parents made significant progress on their case plans. There was not clear and convincing evidence of present parental unfitness, and it was clear that the children were emotionally attached to the parents. The record showed that the father completed everything required of him in his case plan except with regard to child support. After being released from prison in January 2005, the father returned to construction work, bought and renovated a trailer home in which his family could live, completed parenting classes, and provided health insurance for his children. With regard to the mother's compliance with the case plan, the record showed that she completed parenting classes in April 2005. She visited consistently, but did miss some scheduled visitations. According to employees who supervised visits, the mother "did extremely well" and "was wonderful with the children" during visits. The mother did not maintain a steady job. She did, however, seek and obtain three different jobs. OUTCOME: The judgment of the juvenile court was reversed and the cases were remanded to the juvenile court for the establishment of a reunification plan, subject to the juvenile court's judgment as to whether reunification remained warranted by events occurring since the last termination hearing.