Dept. of Human Services v. F.J.S.

A history of anger management and substance abuse problems, coupled with failure to attend court-ordered therapy, constituted sufficient evidence to show a parent was unfit and their child could not be integrated into that parent's home within a reasonable time.

Father appealed a judgment terminating his parental rights to his child, who was removed from Father’s custody after multiple incidences of domestic violence influenced by a borderline personality disorder and substance abuse. Father argued that his substance abuse problems had lessened and his anger management issues would not be harmful to the child. Department of Human Services (DHS) responded that the juvenile court correctly decided that returning child to Father would pose a serious risk to the child. The Court held that DHS showed by clear and convincing evidence that Father was not fit to have custody of the child. Although the child was not directly a victim of Father, Father’s history of anger and substance abuse issues, as well as his failure to complete court-ordered anger management and rehabilitation services, were sufficient evidence to show that Father was unfit as a parent and that the child could not be integrated into Father’s home within a reasonable time. Affirmed.