In Charles S. v. State,[1] the supreme court held a father’s successful completion of substance abuse treatment and two years of sobriety remedied his substance abuse issues and thus reversed the trial court’s termination of parental rights order. In 2015, the Office of Child Services (“OCS”) took Charles and Marian S.’s three children into custody. After ten reports of neglect and parental substance abuse from 2010 to 2014, OCS removed the children from Charles’ home and assumed emergency custody. Over the next three years, the parents worked through therapy and counseling while the OCS monitored their visits with the children. The superior court issued a termination order of their parental rights citing they had not “exhibited an ability to implement the necessary skills so that the children can be safely returned to their care.” Charles appealed the ruling arguing that his completion of all case plan requirements, recommended services, and success in stopping his continued drug use remedied his conduct sufficiently for his parental rights to not be terminated. OCS argued his long history of methamphetamine use meant his two-year sobriety would be instable and its continuity would be too speculative to grant parental rights. The supreme court noted however that Charles had been clean for two-years, has no history of relapses, and acknowledged his issues and demonstrated a commitment to stay sober. Citing it would be difficult for any parent to show they had remedied their conduct if they ruled otherwise, the supreme court held the superior court clearly erred when it found Charles failed to remedy his substance abuse issues.
[1] 442 P.3d 780.
