Case Summary: This decision stems from a permanency hearing held in the context of dependency/ neglect proceedings. In this matter, the mother had three prior involuntary terminations of her parental rights. At the time of the hearing, mother was incarcerated and participating in a drug treatment program. The Court found that while, in general, DFS must make reasonable efforts to reunify a family, the health and safety of the child must be taken into consideration. If reasonable efforts to reunify are inconsistent with the appropriate permanency goal approved by the Court, then reasonable efforts shall made to finalize a permanency plan for the child. DFS is not required to exert reasonable efforts to reunify if there is a judicial determination that such efforts are not required because parental rights with respect to a sibling have been terminated involuntarily. That judicial determination "must be explicitly documented and must be made on a case-by-case basis and so stated in the Court order." In this case, the Court determined that as a result of the three prior involuntary terminations, DFS was not required to make efforts to reunify the child with his Mother. The Court then determined that TPR was the appropriate permanency plan and directed DFS to file a TPR petition within 30 days.

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