In the Interest of J. K.

I concur in the majority opinion affirming the termination of parental rights; however, I write separately to address a conflict in the case law on one aspect of the standard for establishing parental misconduct or inability.

Before a court terminates a parent’s rights to his or her children, it must first find clear and convincing evidence of parental mi scon - duct or inability; only after such a finding is made may a court consider whether termination of parental rights is in the best interest of the child.15 In order to establish parental misconduct or inability, the legislature has…