In Re: Avalee W., Et Al

This appeal involves the termination of a mother’s parental rights. The trial court found
by clear and convincing evidence that six grounds for termination were proven and that
termination was in the best interest of the children. The mother appealed. On appeal, the
Department of Children’s Services “does not defend” three of the grounds that the trial
court concluded were established. We reverse these three grounds. Of the three remaining
grounds, which DCS maintains were sufficiently proven, we conclude that the ground of
substantial noncompliance with a permanency plan was proven by clear and convincing
evidence. We further find that termination of parental rights is in the best interest of the
children. However, due to insufficiencies in the trial court’s findings, we vacate the
grounds of persistent conditions and failure to manifest an ability and willingness to assume custody or financial responsibility against the mother. We reverse in part, with respect to three grounds for termination, and vacate in part, with respect to two grounds for termination, but otherwise we affirm the trial court’s order terminating parental rights.