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No. 121410
| In
Re J.K., Minor |
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Mark Van Slooten (616) 363-8844 |
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| Family Independence Agency, |
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Quadiru W. Kent (616) 336-3577 |
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Petitioner-Appellee
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| vs (Appeal
from Ct of Appeals) |
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(Kent
Juvenile -- Gardner, P.)
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| Melissa Kucharski, |
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Peter P. Walsh (616) 942-1111 |
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Respondent-Appellant.
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Click to view briefs in Adobe format:
Petitioner-Appellee's (Minor Child)
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Respondent-Appellant's Brief
on Appeal>>
Background
Melissa Kucharski and her son J. K. were both made wards of the
court, due to Kucharski's substance abuse. The child was removed from
her custody in April 1999. The Family Independence Agency ultimately
sought to terminate Kucharski's parental rights. A termination hearing
was held, and Kent County Probate Judge Patricia D. Gardner issued an
decision in March 2001 terminating Kucharski's parental rights. The
judge found that Kucharski's substance abuse issues during pregnancy
and after J. K.'s birth were the primary reasons he was made a temporary
ward of the court. The judge also found that substance abuse was no
longer a barrier to reunification, and that the primary reasons for
the termination request were bonding and attachment problems between
Kucharski and J. K. Although Kucharski had in many respects made significant
improvement, the judges said, she had not corrected all of the conditions
that caused J. K. to come within the court's jurisdiction. Judge Gardner
further held that there was no reasonable likelihood that those conditions
would be rectified within a reasonable time considering J.K.'s age,
which was between three and three and a half years of age at the time
of Judge Gardner's decision. The Court of Appeals affirmed in an unpublished
per curiam opinion. Kucharski appeals. She argues in part that the state
failed to prove by clear and convincing evidence that the termination
was justified by a lack of bonding and attachment. She also contends
that her parental rights cannot be terminated where she has successfully
completed all the requirements of a parent-agency agreement.
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