Where a Juvenile Court judge terminated a mother's parental rights, the judge's visitation order must be vacated and a remand must be ordered, as the judge did not provide a rationale or specific findings to justify four supervised post-termination and post-adoption visits per year.
"...As indicated, prior to the judge's decree, issued in March of 2018, the mother and Zelden had visited regularly, once each week. Zelden testified that if he could not be returned to the mother's custody, he would like to have visits twice per week. The judge found that Zelden and the mother had a bond, but nevertheless the effect of his decree was to reduce their contact significantly. The judge did not provide a rationale, or specific findings, as to this part of the decree...
"Here, the judge found that Zelden and the mother 'maintain a bond,' and that post-termination and post-adoptive contact is in Zelden's best interests. The judge's decree, however, resulted in a significant reduction in Zelden's contact with the mother, from fifty-two times per year to four. The judge's decision does not explain the reasons for this significant reduction, nor does it address how the reduction comports with Zelden's best interests, particularly in light of Zelden's expressed desire for even greater contact, as well as the testimony of the pre-adoptive parents favoring just two visits per year.
"Under the circumstances a remand is necessary for the judge to reconsider the applicable factors, and to more fully explain his rationale. The explanation should address how the amount of any visitation that is ordered furthers Zelden's best interests, in light of the competing views of the child and the pre-adoptive parents. On remand the judge may properly consider evidence of the current circumstances of Zelden, the mother, his siblings, and the pre-adoptive parents."
