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October 2015


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Case Law Update


Applying Statutory Presumptions When Child Lived Outside the Home for 14 of Last 20 Months Did Not Require Full 20 Months to Elapse

Father’s completion of his case plan for reunification did not prohibit trial court from terminating his parental rights based on neglect. As a matter of first impression, statutory presumptions that apply to findings of parental fault and the best interest of the child when the child lived outside the home for 14 months during consecutive 20-month period do not require full 20 months to elapse. Evidence supported finding of father’s neglect and that termination of father’s parental rights was in children’s best interests.


Evidence Did Not Show Incarcerated Father Would be Unable to Remedy Conditions Causing Removal of Child

Primary condition for removing child from father’s home was his inability care for and supervise child during his incarceration. Father stated that, upon his release, he planned to live with child’s paternal grandfather and work with him. Father’s release less than a year away and he had made substantial progress during his incarceration. Father’s visits with his children had also resulted in children bonding with him.