State Ex Rel. Juvenile Department v. DeVore

I disagree with the majority’s conclusion that there is clear and convincing evidence that mother’s present unfitness is unlikely to change in the foreseeable future. That conclusion is based largely on evidence of circumstances that existed more than one year before trial and ignores more recent evidence of mother’s progress toward becoming an adequate parent. Although I do not suggest that daughter should be returned immediately to mother’s custody, mother is entitled to a reasonable opportunity to show that her progress will continue and become permanent. State ex rel Juv. Dept. v.…