In re J.G.

1

In Re: J.G.

No. 545-2021

Court of Special Appeals of Maryland

December 7, 2021

Circuit Court for Montgomery County Case No. 06-Z-20-000035

Berger, Wells, Sharer, J. Frederick (Senior Judge, Specially Assigned), JJ.

OPINION ^[*]

WELLS J.

The Circuit Court for Montgomery County, sitting as a juvenile court, granted a petition to terminate the parental rights of D.Y.G. ("Mother") and D.S.D. ("Father") simultaneously awarding the Montgomery County Department of Social Services ("the Department"), appellee, guardianship with the right to consent to adoption of seven-year-old J.G. ("the Child"), appellee, by Mr. and Mrs. G., with whom the Child has been living much of her life. Although Father consented to the termination of his parental rights on the condition that the Child be adopted by the G. Family, Mother noted this timely appeal.

Mother contends that the juvenile court abused its discretion in concluding that terminating her parental rights was in the Child's best interest based on an outdated mental health evaluation from 2014. Mother also argues that the court compounded the first error by inappropriately focusing on whether it was in the Child's best interest to return to Mother's custody, rather than allow Mother to continue to have a relationship with the Child. Because we are not persuaded that the court erred or abused its discretion in terminating Mother's parental rights, we shall affirm the judgment.

FACTUAL AND LEGAL BACKGROUND

In this appeal, Mother does not challenge any of the underlying factual findings made by the juvenile court regarding the relevant history of this matter. Consequently, we summarize the court's findings and supporting record in a chronology corresponding to the CINA proceedings that have occurred during the Child's life.

PRE-CINA PERIOD

February 2014 - March 2014

Child's age: Birth-5 weeks

The Child was born to Mother, then age 25, on February 13, 2014. Although Father's name does not appear on her birth certificate, his paternity was established by court order.

The Child resided in Montgomery County with both Mother and Father. Mother's four-year-old son was in the custody of Mother's relative "because she was not stable, was in/out of jail, and could not provide for him."

FIRST REMOVAL AND CINA CASE

March 2014 - July 2015

Child's age: 5 weeks to 18 months

On March 22, 2014, the Child's life was endangered when Father immersed her in cold water, causing her body temperature to drop dangerously low. Father reported that he did so in the belief that cocaine he had ingested the night before had seeped out of his pores and gotten onto the baby, who suffered fever and a seizure. Upon her arrival at the emergency room, even after 30 minutes of re-warming efforts by EMTs, the Child's hypothermic body temperature was only 86 degrees, and she "was close to death."

At the time of this incident, Mother was at work. Two days later, on March 24, she signed a safety plan agreeing not to leave the Child in Father's care and that she would follow all hospital and pediatrician recommendations. But, significantly, she did not acknowledge that Father's actions were inappropriate.

On March 26, Mother also agreed to undergo a psychological evaluation and to follow all recommendations, which ultimately included Zoloft and individual therapy.

Katherine A. Martin, Ph.D., conducted interviews and tested Mother during three two-hour sessions in October and November 2014, detailed her findings and recommendations in an extensive report.

Dr. Martin recounted that Mother's self-described background included "a significant history of substance abuse and criminal behavior, including assaults, theft, and violation of probation." In addition to reportedly having "been incarcerated nine or ten times[, ]" Mother had numerous psychiatric hospitalizations ("reportedly at least seven") with "prior diagnoses of anxiety and bipolar disorder[, ]" for which she had been "prescribed psychotropic medication" that she had "stopped taking[.]"

Dr. Martin observed that Mother "has had difficulty working cooperatively with C[hild] W[elfare] S[ervices], following through with tasks, and providing her daughter . . . a stable living environment." Mother's four-year-old son was being raised by her aunt and uncle.

Dr. Martin diagnosed Mother with Bipolar Disorder, Antisocial Personality Disorder, a Specific Learning Disorder with Impairment in Reading, and a Language Disorder. Mother was "currently scoring at the low average level of intelligence overall[, ]" with "a fourth grade level" in reading and significant weaknesses in verbal reasoning, expressive and receptive language, and "auditory working memory (the active part of the memory system that is necessary for temporarily managing information required to carry out complex tasks)."

Dr. Martin noted that Mother acknowledged manic symptoms consistent with bipolar disorder but "lacks insight into her mental health needs." Her "lengthy history of engaging in impulsive, aggressive, deceitful behaviors without regard for the well-being and rights of others . . . resulted in repeated legal involvement, interpersonal conflict, and instability." These, and her "juvenile conduct problems and multiple incarcerations as an adult[, ]" are consistent with Antisocial Personality Disorder that presents "significant difficulty managing her feelings of frustration and anger" and makes her "likely to react angrily and impulsively when frustrated." And Mother had "a lengthy history of substance abuse" but "denie[d] any drug abuse . . . since January 2014[, ]" before the Child's birth in February of that year.

Because Mother brought the Child to all three appointments, Dr. Martin was able to observe that Mother "consistently met [the Child's] basic needs (changing her diaper, offering her a bottle)." Yet Mother's interactions frequently "lacked empathy and tenderness, and she appeared to have difficulty reading [the Child's] cues[, ]" taking "a long time before she responded to" [the Child], and appearing "impatient and frustrated[.]"

Dr. Martin recommended:

• "a psychopharmacological evaluation to determine the appropriateness of medication to address Bipolar Disorder" and that "to maximize compliance with medication," Mother "meet with her psychiatrist frequently (every two weeks) until her medications are stabilized";

• "weekly individual therapy" to "maximize the likelihood [Mother] can develop greater stability for her and [the Child]" and to provide her with "solution-focused therapy" that includes "educating her about Bipolar Disorder, developing strategies to improve relationships with others, and teaching stress tolerance, emotional regulation, and anger management";

• "intensive parenting support" with "one-on-one parenting skills education to improve her ability to safely and effectively respond to the changing needs of her daughter" and promote "bonding"; • when working with Mother, simplifying directions and orally reading written materials, given Mother's "language processing problems and limited reading skills," along with teaching Mother "memory strategies (e.g., using a planner, programing phone, etc.)" and "be[ing] supportive and patient if [Mother] has difficulty communicating her thoughts easily and clearly";

• "[p]eriodic monitoring for substance abuse" given Mother's significant "risk for relapse";

• "on-going support and supervision by CWS" given that Mother "has never maintained stable housing, employment, or finances, and she has mental health issues and personality traits that will likely make effective parenting challenging. Close support, education, and supervision are necessary in order to maximize her ability to be successful."

Mother did not comply with her agreement regarding medication and therapy. After missing multiple appointments for herself and pediatric appointments for the Child, Mother advised the Department on July 9, that she would not take the prescribed psychotropic medication or participate in therapy.

On July 24, 2014, Mother sought shelter for herself and the Child because they were homeless. When Mother refused to disclose where she and the Child had been staying and refused to stay overnight at a Crisis Center, the Department sought emergency removal and shelter for the Child.

The Child was removed from Mother's care and sheltered by the Department until she was found to be a CINA on September 12, 2014. The Child was returned to Mother's care under an Order of Protective Supervision that included a requirement that the Child not be in Father's care.

On October 24, 2014, Father was convicted of child neglect and sentenced to five years of probation, which included a condition that Father was to have no contact with the Child except for visits supervised by the Department.

From February 26 through July 31, 2015, Mother and the Child lived in Fairfax, Virginia. The Fairfax County Department of Social Services agreed to supervise the case. On July 31, 2015, the Order of Protective Supervision was rescinded, the Child was returned to Mother's custody, and the CINA case was closed.

SECOND REMOVAL AND CINA CASE

September 2015 - September 2018

Child's age: 1½ to 4½ years

Less than two months later, Mother's conduct led to another CINA case that lasted three years, with the Child being placed in the home of Father's relatives, Mr. and Mrs. G. Beginning that summer, in violation of Father's probation, Mother and Child began living with Father in Maryland. On September 23, 2015, Mother and Father had a violent altercation in the Child's presence.

On September 26, Father filed for a protective order. When the police came to serve Mother, she fled, leaving the Child with Father. Mother...