In re J.T.

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NOT DESIGNATED FOR PUBLICATION

No. 114,996

IN THE COURT OF APPEALS OF THE STATE OF KANSAS

In the Interest of J.T.,
YOB 2007, a Female.

MEMORANDUM OPINION


Appeal from Wyandotte District Court; DANIEL CAHILL, judge. Opinion filed August 19, 2016.
Affirmed.

Patricia Aylward-Kalb, of Kansas City, for appellant.

Ashley Hutton, assistant district attorney, and Jerome A. Gorman, district attorney, for appellee.

Before HILL, P.J., PIERRON and GARDNER, JJ.

Per Curiam: Mother, the natural parent of J.T., appeals from the decision of the
district court to terminate her parental rights. Specifically, she maintains there was
insufficient evidence to support the district court's findings that she was unfit, that her
unfitness was unlikely to change in the foreseeable future, and that termination of her
parental rights was in J.T.'s best interests.

On February 3, 2014, the State filed a petition alleging J.T. was a child in need of
care (CINC), based on information gathered by the Department for Children and Families
(DCF). The State alleged that 6-year-old J.T. had witnessed domestic violence between
Mother and Mother's boyfriend on January 17, 2014. Police were called, and Mother was
arrested. J.T. said she had been hit in the face by a remote control unit after Mother's
boyfriend threw it at Mother. Mother also accused boyfriend of sexually abusing J.T.,
however, J.T. made no disclosure about abuse and denied being touched sexually.
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Mother admitted to DCF that she was a methamphetamine user, had used
methamphetamine a week prior to the incident, and that J.T. had been present when
Mother used the methamphetamine. Mother stated her boyfriend was her
methamphetamine dealer and he continued to supply her with the drug. A safety plan
provided for J.T. to stay with Mother's foster mother, but Mother violated that plan the
same day. On February 6, 2014, the district court granted temporary custody to DCF

At an adjudication hearing on February 19, 2014, Mother appeared and entered a
stipulation agreeing that J.T. was a CINC. Father was noted as being deceased. The
district court adjudicated J.T. a CINC, finding she was without the care or control
necessary for her physical, mental, or emotional health pursuant to K.S.A. 2014 Supp.
38-2202(d)(2). To facilitate reintegration, the court issued interim orders to Mother to (1)
obtain/maintain stable, appropriate housing and income; (2) complete psychosocial,
substance abuse, and domestic violence assessments and follow recommendations; (3)
submit random, negative urinalyses (UAs); (4) complete parenting education, and (5)
contact the court service officer (CSO) once per month and/or prior to address changes.

The district court held a disposition hearing on March 27, 2014, and found that
reintegration was a viable option. All prior findings and orders remained in effect with
one addition: Mother was to complete a mental health assessment and follow all
recommendations.

At review hearings on June 20, 2014, and September 17, 2014, the district court
ordered all orders to remain in effect. No objections were raised in either proceeding with
regards to the recommendations submitted by the CSO's review report. On November 21,
2014, the State filed a motion for termination of parental rights alleging that Mother (1)
lacked employment and appropriate housing, (2) had failed to start Level I outpatient
treatment or complete a domestic violence assessment, and (3) had failed to complete
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parenting education. The State acknowledged Mother had demonstrated some progress
early in the process, but such progress ceased in May 2014.

On January 16, 2015, Mother filed a motion to continue the termination hearing
stating she had secured appropriate temporary housing. She stated a continuance would
enable her to gain financial security within 90 days and acquire appropriate permanent
housing.

The district court held a permanency hearing on January 20, 2015, and found that
reintegration might no longer be a viable goal. The court found Mother was securing
housing, although the professionals working with her believed her mental status might
prevent reintegration. The court found that either adoption or permanent custodianship
might be in the best interests of J.T. The court found good cause existed and granted
Mother's motion to continue. A termination hearing was set for April 8, 2015.

On April 8, 2015, the district court held the termination hearing. Mother asked for
a continuance due to her inability to get documentation from her doctor concerning her
prescription medication causing UA false positives. In denying the continuance as not in
the best interests of the child, the court noted that a continuance had been granted
previously and this case was now well past the 1-year mark.

The State presented testimony from Sarah Underwood an outpatient therapist at
Kaw Valley Center (KVC). Underwood had become involved as a family therapist in
February 2015 and conducted an intake session. She stated the therapy goals included
strengthening Mother's parenting skills and establishing appropriate boundaries between
Mother and J.T. Underwood stated her biggest concern was whether Mother could
maintain an appropriate role with J.T. She testified that J.T. assumed the role of parent at
times worrying about adult problems. J.T. became anxious when Mother talked about the
case. Underwood stated that during her six family sessions, Mother spoke rapidly and
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displayed tangential thinking, jumping from topic to topic without prompting.
Underwood also stated that during Mother's last visit to KVC, her erratic behavior
prompted KVC workers to administer a UA test which resulted in a positive reading.

The State next presented testimony from CSO Kristen Gardner. Mother had not
kept in regular contact since the inception of the case. Gardner stated Mother contacted
her due to a recent positive UA result taken by KVC on March 20, 2015, when she tested
positive for marijuana with a faint trace of methamphetamine. Mother believed an
anxiety disorder prescription for hydroxyzine caused a false positive UA reading.
Gardner stated she twice advised Mother to get a letter from her doctor stating that her
prescription drug might cause false positive UA results. Mother also stated the doctor had
told her that she could take a larger dosage than prescribed. Three days after the positive
UA test, Mother submitted another UA to KVC with negative results. Gardner stated that
although the original February 2014 court order required a domestic violence assessment,
Mother did not begin the assessment until December 2014. Gardner also testified Mother
did not begin the Safe Kids program, the substance abuse assessment, or the mental
health assessment until March 2015. Gardner recommended termination of parental
rights.

After hearing the first two witnesses, the district court held a chambers conference
with council to discuss the direction the case was heading. Following the conference,
councel from both parties conferred with the various case workers and when the
proceedings resumed the State asked for a 3-month continuance (1) to allow Mother to
obtain a note from her doctor describing how her medication might affect UA testing; (2)
to allow Mother to explore with her doctor alternative medications which do not affect
UA testing; (3) to allow Mother to acquire appropriate permanent housing following her
move from temporary housing; (4) to give Underwood more time to assess J.T. in
therapy, and (5) to give Cynthia Moses, a therapist at Transitions, whose report had not
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yet been admitted into evidence, more time to evaluate Mother and update her report. The
guardian ad litem joined the State's request for a 3-month continuance.

Mother did not object to the continuance and asked the district court to authorize
Transitions, instead of KVC, to provide therapy and visitation services for her and J.T.
Mother stated she believed differences in opinion and purpose between her and the KVC
staff might have negatively impacted the situation. The court granted the continuance
finding it in the best interests of J.T. The court encouraged Mother to be proactive in
complying with its orders. The court directed Mother to obtain the following information
from her doctor: (1) what medication was prescribed, (2) the correct dosage to
administer, (3) if the doctor knew of her substance abuse history, and (4) whether the
prescribed medication could cause false positive UA tests. The court declined to transfer
services from KVC to Transitions. The court recognized progress had been made in
therapy thus far and expressed confidence in KVC and the KVC therapists to work
appropriately with clients despite any personal disagreements.

The case was reset for hearing on the motion to terminate for June 26, 2015. In
June, the district court again continued the case and set a hearing date for August 12,
2015.

On August 12, 2015, the district court resumed the hearing but stated it understood
"it wasn't going to be prepared for today's date." The court acknowledged that one
witness would be unavailable in the future so her testimony was taken. Mother placed
two exhibits into evidence: (1) a counseling report from Transitions, and (2) a drug and
alcohol group completion certificate. The State asked and the court accepted judicial
notice of two cases for evidentiary purposes.

The State presented testimony from the KVC case manager, Lindsey Sharp. She
testified she had managed the case since February 3, 2014. She had overseen probably
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twenty or thirty 1-hour visitations between Mother and J.T. The visitations between May
2014 and September 2014 had been either monitored or unsupervised. Sharp testified that
on October 3, 2014, the visitations reverted to supervised sessions due to Mother's lack of
progress in complying with court orders and due to her erratic behavior during visitations.
During one visitation Mother stated that when she was pregnant she used to "go to the
club and drop it like it's hot." Sharp testified Mother scared J.T. by discussing aliens
during visitation. Sharp counseled Mother on how to appropriately frame topics to protect
J.T.

Sharp testified Mother worked as a home health aide for the Coalition for
Independence. Mother's natural mother was her patient. The natural mother's apartment
had bedbugs. Mother not only worked at the apartment she also occasionally lived there.
KVC required Mother to get a doctor's note stating she did not have new bedbug bites.
KVC also required Mother to get a note stating an exterminator had treated the
apartment. KVC required the notes because visitations occurred in rooms where hundreds
of families used the couches and other families and KVC workers had gotten bedbugs.
J.T.'s placement family had reported getting bedbugs multiple times. Mother told Sharp
on multiple occasions that she had a note from the exterminator but then later said she did
not. Mother told Sharp she had left the doctor's note at her natural mother's apartment.
Mother stated her natural mother was a hoarder, the apartment required cleaning, and
now that the apartment had been cleaned, the exterminator needed to exterminate.

Sharp also testified Mother did not have safe, stable housing as of the hearing date.
Mother owed a large amount of money to the city utilities and would not be able to put
utilities in her own name. For the majority of this case, KVC did not know where Mother
was residing due to her constant moving around. Sharp stated she understood Mother had
resided at Hillcrest Transitional Housing for 90 days. When the 90 days ended around
April 22, 2015, Hillcrest allowed Mother to stay until May 1, 2015.

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Sharp testified Mother did not notify KVC of new housing arrangements, but
Sharp had read in a Transitions report that Mother had lived with her natural mother from
May 2015 to August 2015. Sharp stated Mother's residing with her natural mother placed
natural mother at risk of eviction for violating Section 8 policy. The natural mother's
parental rights had been terminated when Mother was a child. Mother had notified Sharp
around July 31, 2015, that she had been living with a friend since leaving Hillcrest. Sharp
stated she did not consider this stable, appropriate housing for J.T. because Mother's
friend had lost parental rights to two children, had prior drug charges, and continued to
smoke marijuana. Mother stated the friend would not use drugs around J.T. and would
stop using drugs when J.T. came home.

Sharp testified Mother did not have a stable income as of the trial date. On July 31,
2015, Mother notified Sharp that she had quit her home health aide job because her
natural mother's apartment had bedbugs.

Sharp stated Mother tested positive on February 20, 2015, for methamphetamine
and amphetamines and on March 6, 2015, for methamphetamine and THC. KVC
personnel specifically directed UA tests on those dates due to Mother's strange behavior
during visitation. Sharp directed a third UA be taken on March 20, 2015, because of
Mother's behavior, but that test was invalid due to an insufficient volume of urine. Sharp
stated Mother had completed a drug and alcohol program on June 24, 2015, according to
a Transition's certificate of completion she had provided to KVC. However, Sharp
testified she had informed Cynthia Moses at Transitions that Mother had been a no-show
for subsequent UAs on June 30, 2015, and August 10, 2015.

Sharp also testified Mother had complied with some court orders through
Transitions. She had completed a domestic violence assessment, was enrolled in Safe
Kids, and had received individual therapy with Moses.

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Finally, Sharp testified Mother was making some progress in her mental health
issues with respect to her own needs but was not making significant progress in providing
J.T. a safe environment. Sharp believed Mother had received sufficient time to complete
the district court's orders and it would be injurious to J.T. to continue the relationship.
Mother believed there was no reason why J.T. should be in DCF custody. Sharp's main
concerns about reintegration included Mother's mental health and suspected drug use.
Mother habitually blamed others for things not being completed. Mother blamed Sharp
for not conducting visitations as Mother preferred, for purposely denying visitations, or
for her failure to provide KVC with requested documentation. Sharp stated J.T.'s actions
were "parentified": (1) during visitation, J.T. often told Mother what was or was not
appropriate to do or say; and (2) during placement J.T. often bossed the other children
around or became physically or verbally aggressive. Sharp testified it was in the best
interests of J.T. to terminate Mother's parental rights.

The district court took no additional testimony and bifurcated the trial to continue
on October 5, 2015. The court reiterated the standing order for Mother to provide a
doctor's note describing whether her prescribed medication could create a false positive
UA result and what the doctor knew of her substance abuse history. The court also
ordered Mother to get a doctor's note stating she had no fresh bedbug bites and not to
visit her natural mother's apartment until it was cleared of bedbugs. Mother requested that
therapeutic visitations be moved to Transitions because KVC would not conduct
visitations without proof the bedbug issue had been resolved. The court did not change
visitations with KVC to Transitions. However, the court directed Transitions to supervise
every other visit for the next 3 weeks to allow Transitions therapists to observe
interactions between Mother and J.T.

On October 5, 2015, the district court resumed the proceeding and the State called
Taylor Todd, a KVC family support worker. Todd stated Mother had a problem
maintaining income and the last pay stub she submitted was on March 31, 2015. Mother
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still did not have stable housing. On May 29, 2015, Mother reported she had an apartment
and would move in on June 1, 2015, but she never provided a copy of the lease. She
reported on June 19, 2015, that she would be living with a friend. Todd told Mother this
would not be acceptable housing because the friend had criminal drug charges. Todd
stated Mother knew she could not live with her natural mother because of previous
allegations of physical and sexual abuse. Mother never notified Todd of her intent to
apply for subsidized housing. Todd stated he first learned about Mother's desire to obtain
housing through the Kansas Crime Victims Compensation Fund after reading a report
from Transitions.

Todd stated he directed Mother to provide several UA samples because of her
erratic behavior during visitations. Todd testified Mother did not complete another
RADAC assessment after testing positive. At one visit, Mother showed J.T. a video of a
car crash. When J.T. said the video was getting gross, Mother said, "No, it's not getting
gross." J.T. told Mother that she was too young to be watching that video, and Mother
said, "You're right. This is getting inappropriate." Todd stated Mother slurred her words
and cursed someone over the phone during that same visit. Todd directed Mother to
submit a UA sample which came back positive for methamphetamine. Todd stated
Mother told him her medications caused the false positives and that "meth doesn't exist
on the street anymore. It hasn't even been around for fifteen years. People in Wyandotte
County don't use it." The district court interjected at this point admonishing Mother to
stop talking during testimony or using stage whispers to deny testimony.

Todd testified that during the March 6, 2015, visitation Mother made groaning
sounds and blurted out in a loud voice that court was in 14 days. It was actually 33 days
away. Her speech was slurred and she talked about her natural mother deleting things
from Mother's phone. When J.T. read a joke out loud, Mother repeated several times,
"That joke is stupid as hell." Todd directed Mother to submit a UA sample. Mother said
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she was not expecting a UA because she had one the week before. That UA sample tested
positive for methamphetamine.

Todd stated he requested another UA test during the March 20, 2015, visitation.
Mother appeared for the visitation unkempt and had slurred speech. Mother moved from
lying on the couch to lying on her stomach on the floor. When she accompanied J.T. to
the lunchroom, Mother appeared to lose her balance and fell over the table. She picked up
a cherry tomato, put it in her mouth, chewed it, and then spit it out into her own jacket.
Todd directed Mother to provide a UA sample, but the test came back invalid due to an
insufficient volume of urine to test.

Todd testified that during the May 8, 2015, visitation, Mother slurred her words,
appeared unkempt, and had dilated pupils. She showed Todd an application on her phone
requiring her to feed an electronic pet or the pet would become sad. After showing Todd
the application, Mother stated, "See, look. And you guys think I'm on drugs."

Todd stated Mother was to submit a UA sample on June 26, 2015, and bring
documentation from her doctor about her medication. She failed to appear that day. Todd
testified Mother also failed to appear for UA testing on June 29, 30, and August 10, 2015.

Todd testified Mother completed a mental health assessment on May 20, 2014, but
later she told her case manager that the "results were inconclusive" because she was high
during the assessment. Part of the mental health assessment included documentation for
medication prescribed for Mother. The report stated bupropion had been prescribed for
depression and cravings. Mother stated she was taking bupropion, amoxicillin, and
hydroxyzine when she tested positive on February 20, 2015. Following her positive UA
samples and the court order, Mother never provided any documentation about medication
causing false positives.

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Todd stated Mother completed domestic violence and Safe Kids assessments with
Transitions, but she did not complete another mental health assessment. Although the
original petition dated February 3, 2015, reported domestic violence issues between
Mother and her ex-boyfriend, she did not complete the domestic violence assessment
until January 5, 2015. Mother completed all hours of an age-appropriate parenting class,
but the instructor noted Mother had fallen asleep during one of the classes. Mother was
attending individual therapy, and she had completed drug and alcohol counseling in July
2015. Todd testified that during and following the Transitions drug and alcohol
assessment, Mother missed several KVC directed UA tests. Because a missed UA is
considered positive, it was appropriate for Mother to continue drug and alcohol
counseling.

Todd testified Mother's behavior during visitations impeded progress and required
supervised visitations. During the November 7, 2014, visitation, Mother stated aliens
were really people from the future and traveled through a star at the speed of light. She
also stated the number of missing children had decreased because babies have GPS
tracking devices inserted at birth. During the April 10, 2015, visitation Mother asked J.T.
to marry her. When J.T. responded, "No," Mother asked, "What's standing in our way?
The law." When J.T. again said, "No," Mother stated "That's crap." During the May 15,
2015, visitation, Mother told J.T., "I'm going to get a big house and five dogs, and let
them poop all over it. And I don't care what people think. People would call us dog poop
because we would smell so much like dog poop." Mother then took off her skirt, put it on
her head, and sat in the lobby waiting for family therapy to start.

Todd stated that during the July 17, 2015, visitation, Mother showed him some
bedbug bites on her stomach and legs that she had received at her natural mother's
apartment. Todd continued the visitation outside and told Mother she needed to provide a
doctor's letter stating she no longer had fresh bedbug bites and she needed to provide an
exterminator's letter verifying treatment of the apartment. Visitations were stopped until
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Mother had provided documentation. On August 19, 2015, Mother brought in a
handwritten note on the back of a half of a sheet of paper. The note stated she had been
seen at a clinic on August 19, 2015, and that no insect bites had been on her person.
"Insect" had been spelled incorrectly. Todd stated he could not verify with the clinic the
identity of the person who signed the paper. He told Mother on August 25, 2015, she
would need to provide another doctor's note. On September 16, 2015, Mother sent by fax
a typed noted from the KU Care Clinic stating she did not have any fresh bedbug bites.

Todd expressed concern about Mother's mental capacity. She failed to appreciate
the impropriety of exposing J.T. to drug use, continued to express a belief that J.T. had
been sexually abused, and believed that both he and Sharp were out to get her. Todd
believed termination of parental rights was in J.T.'s best interests because Mother had
failed to maintain stable housing or income for at least 8 months, failed several UAs, and
continued to exhibit mental health issues. Todd also expressed concern that the Transition
report had diagnosed Mother as severely bipolar, but it failed to mention any treatment
plan. On cross-examination, Todd testified that Mother and J.T. did have a bond, but
sometimes the bond between Mother and J.T. was inappropriate.

The State next called Transitions counselor, Cynthia Moses. Moses testified she
had conducted initial parenting, mental health, and domestic violence assessments, which
she stated constitute a Safe Kids assessment. Mother subsequently decided to restart the
Safe Kids program because she believed she needed to redo the commitment and
accountability sections. After restarting the program Mother had missed the maximum
sessions allowable with 10 to 15 sessions remaining.

Moses stated Mother had a lengthy traumatic history that created a great deal of
obstacles for her to overcome. Mother had dealt with multiple traumas before she entered
the foster care system herself and while in the foster care system. Mother had
experienced mental health issues since age 11. Moses stated Mother's erratic behaviors
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were due to anxiety related to PTSD. She had seen Mother with J.T. for about 3 hours.
Moses stated Mother sought to meet the needs of her natural mother rather than meeting
the needs of J.T. due to guilt issues associated with Mother's relationship with her natural
mother.

Moses stated Mother was retraumatized in February 2015, when her ex-boyfriend
found her living in transitional housing and beat her up. Mother was frightened it might
happen again. Mother had no permanent residence, but moved between her aunt's home
and a friend's home. Moses told Mother the friend's home was not the best place to reside
after Mother told Moses the friend had lost her parental rights and had a drug conviction.
Mother's response was, "Well, that's where I'm living now." Moses did not recommend
termination because she had seen a very good bond between Mother and J.T., had seen
progress individually in Mother, and believed that once Mother found acceptable housing
that reintegration could occur within 60 to 90 days.

The State rested after Moses completed her testimony. The guardian ad litem
called no witnesses, and Mother requested bifurcation to have her witnesses testify. The
district court set the date for November 6, 2015. The court also reminded Mother that two
hearings ago, it had reminded her to produce documentation from her doctor to confirm
whether her medication could produce false positive UA test results.

On November 6, 2015, the State recalled Sarah Underwood of KVC. Underwood
testified that visitations with Mother and J.T. were becoming difficult for J.T. One week
J.T. would express a desire to go home with Mother, and the next week she would state
the opposite. Although Mother had a better understanding of boundaries, Underwood still
had to intervene when Mother acted inappropriately. During family therapy Mother
discussed the court case, her case manager, the child welfare system, and said J.T. should
not be in foster care. Underwood testified sometimes Mother displayed paranoid thinking
by stating that J.T. had been abused. Mother also said she had seen an angel halo over
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Moses when Moses had testified at the last hearing. When Mother told Underwood it was
a message from God, Underwood replied she thought it was delusional thinking. When
the State asked Underwood if Mother really thought she saw a halo, Mother interrupted
the proceedings by stating, "Who says I didn't?"

Underwood stated Mother had made parenting skill improvements, but she
acknowledged she would not be comfortable recommending reintegration at this time.
She had only seen Mother and J.T. in an office setting and typically she would make a
reintegration recommendation only after seeing them after in-home therapy had begun.
Progression to in-home therapy had not occurred due to Mother's inability to find
acceptable housing. During cross-examination, Underwood testified permanency would
be beneficial for J.T.'s mental health. Not terminating Mother's parental rights would only
be helpful to J.T. if reintegration were guaranteed.

Mother testified that at the time of the trial she did not have a home. She believed
she could find a home to reintegrate into within 2 months. She had been prescribed a new
antidepressant, but she did not remember the medication's name nor could she find it the
morning of the trial. Mother stated she "fell off her meds for a little bit recently because
of being under stress." She currently resided with her friend who had also had her
parental rights terminated. Mother testified she believed J.T. had been abused for the
previous 6 years by her ex-boyfriend. She did not know Transitions had diagnosed her
with PTSD, severe and complex bipolar disorder by history, and borderline personality
disorder.

The district court found Mother's lack of permanent housing a symptom of the
major issue. The court found Mother suffered from a mental illness and the duration and
nature of the illness rendered her unable to care for the ongoing needs of J.T. The court
acknowledged that Mother had made progress, was no longer using drugs, and had
insight into how her mental illness affected her ability to parent J.T. However, the court
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found that despite Mother's progress, it would not be emotionally healthy and safe for
J.T. to forestall termination.

In concluding that Mother's mental illness precluded reintegration within a couple
of months, the court cited the following concerns: (1) From the start of this case, during
almost every hearing, Mother had assured the court she had a concrete plan to acquire
housing that never materialized and (2) her chaotic thinking including the hallucinations
about halos and her insistence, without proof, that J.T. had been sexually abused.

The district court found Mother had failed to carry out the reasonable plan
designed towards the reintegration of J.T. into a parental home. The court stated KVC
had done its job well and found no evidence that KVC had precluded Mother from
succeeding. The court also stated Transitions had gone above and beyond to provide for
Mother, but despite her progress in caring for herself, she lacked progress in caring for
J.T. The court found reintegration was no longer a viable alternative. The court
terminated Mother's parental rights as in the best interests of the physical and emotional
needs of J.T.

Mother appeals.

On appeal, Mother argues there was insufficient evidence in the record to support
the district court's ruling terminating her parental rights. Specifically, she contends there
was insufficient evidence to support the court's finding that she was unfit, that her
unfitness was unlikely to change in the foreseeable future, and that termination of her
parental rights was in J.T.'s best interests.

In reviewing a district court's decision terminating parental rights, an appellate
court must consider "whether, after review of all the evidence, viewed in the light most
favorable to the State, it is convinced that a rational factfinder could have found it highly
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probable, i.e., by clear and convincing evidence that [the parent's rights should be
terminated.]" In re B.D.-Y., 286 Kan. 686, 705, 187 P.3d 594 (2008). Clear and
convincing evidence is "an intermediate standard of proof between a preponderance of
the evidence and beyond a reasonable doubt." 286 Kan. at 691. Appellate courts do not
reweigh the evidence, judge the credibility of witnesses, or redetermine questions of fact.
286 Kan. at 705.

Before terminating parental rights, the district court must find that the moving
party has proven three elements by clear and convincing evidence: (1) The parent is unfit;
(2) the conduct or condition which renders the parent unfit is unlikely to change in the
foreseeable future; and (3) termination of parental rights is in the best interests of the
child. K.S.A. 2014 Supp. 38-2269(a), (g)(1). K.S.A. 2014 Supp. 38-2269(b) and (c)
provide a nonexclusive list of factors that the court must consider when determining
parental unfitness. The existence of any one of these statutory factors "standing alone
may, but does not necessarily, establish grounds for termination of parental rights."
K.S.A. 2014 Supp. 38-2269(f).

In the present case, the district court relied upon the following statutory
factors in deciding that Mother was unfit, that the conduct or condition rendering
her unfit was unlikely to change in the foreseeable future, and that terminating
Mother's parental rights was in J.T.'s best interests:

 K.S.A. 2014 Supp. 38-2269(b)(1) (emotional illness, mental illness of such
duration and nature as to render the parent unable to care for the ongoing physical,
mental, and emotional needs of the child).
 K.S.A. 2014 Supp. 38-2269(b)(7) (failure of social service agency efforts to
rehabilitate the family).
 K.S.A. 2014 Supp. 338-2269(c)(3) (failure of a reasonable court-approved plan to
get child into parent's home).
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First, we must determine whether clear and convincing evidence supported the
district court's finding of unfitness. Mother contends the court should have delayed
termination and provided Transitions, rather than KVC, the opportunity to supervise
visitation and therapy. She argues the actions of KVC prevented rather than facilitated
reintegration. She contends she complied with all court orders and provided
uncontroverted evidence of her ability to obtain housing. Mother also argues she
presented no danger toward J.T. nor would a 2-month delay to obtain housing prove
injurious to J.T.

The only statutory basis for termination Mother specifically addresses is the
failure of social service agencies to rehabilitate the family. K.S.A. 2014 Supp. 38-
2269(b)(7) provides that when determining the fitness of a parent, one of the factors the
court may consider is the "failure of reasonable efforts made by appropriate public or
private agencies to rehabilitate the family." This imposes an obligation on the relevant
agencies to expend reasonable efforts towards reintegrating the child with the parents by
correcting the conduct and condition that resulted in the removal of the child. See K.S.A.
2014 Supp. 38-2201(b)(8) (citing as a goal of the code the provision of "preventative and
rehabilitation services, when appropriate, to abused and neglected children and their
families so, if possible, families can remain together without further threat to the
children"). The statutes governing unfitness determination, however, do not require proof
that the appropriate agencies made herculean effort to lead the parent through the
responsibilities of the reintegration plan. See In re B.T., No. 112,137, 2015 WL 1125289,
at *8 (Kan. App.) (unpublished opinion), rev. denied 304 Kan. __ (2015).

Mother's original case plan included the following tasks: maintain stable,
appropriate housing; maintain stable income; sign all necessary releases; contact the CSO
monthly and prior to address or phone change; visitation at the discretion of KVC;
complete a psychosocial assessment and follow recommendations; submit to random
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UAs; complete a substance abuse assessment and follow recommendations; complete
domestic violence assessments and follow recommendations; and complete parenting
education. Subsequently, on March 27, 2014, the district court ordered Mother to
complete a mental health assessment and follow all recommendations. On April 8, 2015,
the court also directed Mother to obtain the following information from her doctor: (1)
what medication was prescribed, (2) the correct dosage to be administered, (3) if the
doctor knew of Mother's substance abuse history, and (4) whether the prescribed
medication could cause false positive UA tests. Finally, on August 12, 2015, the court
ordered Mother to get a doctor's note stating she had no fresh bedbug bites and she was
not to visit her natural mother's apartment until it was cleared of bedbugs.

The record reveals both KVC and Transitions provided multiple services in an
effort to rehabilitate the family. Mother did not object to the CSO's reports submitted on
June 20, 2014, and September 17, 2014. By November 21, 2014, KVC reported Mother
had failed to start Level I outpatient treatment or complete a domestic violence
assessment and had failed to complete parenting education. On April 8, 2015, Mother
asked the court to authorize Transitions to provide therapy and visitation services rather
than KVC. She believed differences with the KVC staff negatively affected the situation.
The court declined to transfer services. The court expressed confidence in KVC and the
KVC therapists to work appropriately with clients despite any personal disagreements.

On August 12, 2015, KVC personnel acknowledged Mother had completed a
domestic violence assessment, was enrolled in Safe Kids, and was receiving individual
therapy from Transitions. Again, Mother asked the court to authorize therapeutic
visitations be moved to Transitions because KVC would not conduct visitations without
proof she did not have new bedbug bites. The court directed Transitions to supervise
every other visit for the next 3 weeks. Based on this evidence, the court could conclude
that both KVC and Transitions did their jobs well.

19

Mother failed to challenge the district court's statutory findings concerning her
emotional illness, and mental illness of such duration and nature rendering her unable to
care for the ongoing physical, mental, and emotional needs of J.T.

The record reveals both KVC and Transitions provided therapy services.
Transitions therapist Moses stated Mother had a lengthy traumatic history. Mother had
experienced mental health issues since she was 11 years old and had dealt with multiple
traumas before she entered the foster care system herself and while in the foster care
system. Moses stated Mother did not get the mental health treatment she should have
while in the foster care system. Mother had been retraumatized in mid-February 2015,
when her ex-boyfriend found her living in transitional housing and beat her up. Moses
also testified Mother sought to meet the needs of her natural mother rather than meeting
the needs of J.T.

KVC therapist Underwood testified Mother displayed paranoid thinking. She
continued to believe that J.T. had been sexually abused for years despite J.T. never
disclosing any inappropriate contact and a lack of any supporting evidence. Underwood
stated Mother exhibited delusional thinking when she told Underwood that seeing a halo
over Moses when Moses testified was a message from God. Todd testified Mother
displayed delusional thinking when stating Underwood and Todd were personally out to
get her.

Mother testified she was surprised to learn that the Transitions therapist diagnosed
her with PTSD, severe and complex bipolar disorder by history, and borderline
personality disorder. Mother stated she "briefly fell off my meds for a little bit recently
because of being under stress." Based on this evidence, the district court could conclude
that Mother suffered from a mental illness and the duration and nature of the illness
rendered her unable to care for the ongoing needs of J.T.

20

Mother also failed to challenge the district court's statutory findings concerning
the failure of a reasonable court-approved plan to reintegrate J.T. into her home. Mother
did not have appropriate housing nor did she maintain steady income. The court stated
Mother's inability to acquire appropriate housing was a symptom of the major issue. The
court noted Mother had often assured the court a solid plan existed to acquire housing,
but nothing ever materialized. The court stated this failure to follow through included the
status of an application to the crime victims' compensation fund. Mother testified she did
not have a home at the time of the trial. Based on this evidence, the district court could
conclude that Mother had failed to complete a reasonable court-approved plan.

Second, we must determine whether clear and convincing evidence supported the
district court's finding that Mother's unfitness was unlikely to change in the foreseeable
future. See K.S.A. 2014 Supp. 38-2269(a). A court may predict a parent's future unfitness
based on his or her past history. In re Price, 7 Kan. App. 2d 477, 483, 644 P.2d 467
(1982). The term foreseeable future is measured from the child's perspective and takes
into account a child's perception of time. In re S.D., 41 Kan. App. 2d 780, 790, 204 P.3d
1182 (2009). This court has considered periods of time as short as 7 months to be the
foreseeable future from a child's perspective. 41 Kan. App. 2d at 790.

Mother challenged this statutory finding indirectly by asserting that she would be
able to obtain appropriate housing in 2 months. The district court explained that failure to
acquire housing was a symptom of Mother's emotional and mental illness. The court
stated this was not an easy case but noted that despite Mother's assurance during almost
every hearing that she had a concrete plan for housing, it never materialized. The court
noted the diagnosis of PTSD, severe and complex bipolar disorder by history, and
borderline personality disorder provided uncontroverted evidence that Mother suffered
from an emotional illness, a mental disease. The court found the duration and nature of
the emotional and mental illness rendered Mother incapable of proving for J.T.'s ongoing
needs. The court recognized the progress made by Mother in caring for herself but noted
21

the illness still impeded Mother's ability to get housing and gain steady employment. The
illness also manifested itself via thinking errors such as claiming J.T. had been sexually
abused or claiming she had seen a halo over Moses. Based on this evidence, the district
court could conclude that it was highly probable that Mother would be unable to care for
J.T.'s physical, mental, and emotional needs in the foreseeable future.

Our last consideration is whether the district court correctly determined that
terminating Mother's parental rights was in J.T.'s best interests. K.S.A. 2014 Supp. 38-
2269(g)(1) provides that even after a finding of unfitness, the district court must
determine whether termination of parental rights is in the best interests of the child.

The district court is in the best position to determine the best interests of the child
because it hears the evidence directly, and the appellate court cannot overturn it without
finding an abuse of discretion. See In re Marriage of Rayman, 273 Kan. 996, 999, 47
P.3d 413 (2002); In re K.P., 44 Kan. App. 2d 316, 322, 235 P.3d 1255, rev. denied 291
Kan. __ (2010). An abuse of discretion occurs when the district court bases its decision
on an error of fact or law, or when no reasonable person would agree with the decision of
the district court. Northern Natural Gas Co. v. ONEOK Field Services. Co, 296 Kan. 906,
935, 296 P.3d 1106 (2013).

Mother indirectly challenges this statutory finding by asserting that no evidence
was presented showing she was a danger to J.T. nor did evidence establish that a short
delay would be dangerous to J.T. The district court found that although Mother had made
great strides in caring for herself, she still lacked the ability to care for J.T. Her instability
in employment and her thinking errors concerning sexual abuse allegations indicated the
duration and nature of her mental illness impaired her ability to function. The district
court did not abuse its discretion when it concluded that terminating Mother's parental
rights was in the best interests of J.T.

22

For all these reasons, when viewed in the light most favorable to the State, there
was clear and convincing evidence to support the district court's findings that Mother was
unfit, that the conduct or condition that rendered her unfit was unlikely to change in the
foreseeable future, and that termination of parental rights was in J.T.'s best interests.

Affirmed.