yonkers we feel that the trial court ruling which found it to be in the best interest to terminate my client's parental rights and also i was found my client be unfit to be against manifest later yes specifically there were three findings that led to the unfitness fine this was march twenty ninth two thousand and seventeen one was found in favor of my client the other three against her will number one was the inability to discharge parental responsibilities number two that she failed to make reasonable progress to correct the conditions that led to the removal of mine and number three that she fail sixteen and then able to twenty third of sixteen to january twenty second two thousand and seven the original reason that the meiers taken from my client's had to do with living the inability to discharge of the parental responsibilities there was a doctor to testify the doctor because nikki he met michael at one time i believe roughly three hours of spent with her  testified during the fitness hearing that there were some deficits in my client's parenting abilities but he also gave recommendations that she could participate in classes think she could do similar to family service plan times that said if you do these or if she does these there could be improvement in her bronx parental abil odor she was i believe afraid to use the restroom she was of the age where she shouldn't have some pain she was born i believe in the spring of two thousand and eleven june eleventh the kitchen for a warship was fired may fourth of twenty fifteen so she was somewhere in the range of forty years old i believe so i think it might it may have been a head start it wasn't actually kindergarten but it was noted that she was afraid to use the restroom with another one because nicky the recommendations were made that my client could participate in some counseling classes or just paid him some parenting classes and that that could lead to her parenting abilities being unfortunately there was never a time for her to meet with him again to for him to say yes i did see improvement yes he is better now than she was six months twelve months ago he has meeting was kind of in the middle of the road as far as the case goes she had been given a family service plan previously and she was working at that but as far as his specific recommendations he made them once that was it he testified in court these things  instead of just saying oh well too bad ok she got engaged got married reapplied and then during the second nine month period she was accepted into government her case worker made several visits to the house said the other was a few dirty dishes maybe but otherwise every indication seemed to be how she was acceptable there wasn't anything noted said that it was dangerous that it was bad that there was anything sort of animal feces and i thought she said say there was some form of an odor but i don't think that was a basis for the caseworker to say this house is not acceptable for a child to come and live i don't think that was ever shown in the record that what she moved out of mom's house she actually did have safe houses and i think that is something that's key for this quarter remember of her score to keep in mind the original reason she was removed from my client's care was because of the very bad conditions they were living while we do have to consider other things that the c f s and that caseworkers learn as of course that was on when we look at reasonable progress and reason levers i always think we need to keep in mind what was the primary the initial reason for the state's involved given that that was the housing conditions the housing conditions were addressed when she moved out not to say that public housing was the best living situation but it certainly seemed as though it was much better than where they came from and i think as i said i don't think there's any indication that was not acceptable saving brokerage house so what she was out of mom's house and in public housing she's done she's addressed that number one reason that she was originally brought into into the the state system into the courts and she's taking a very large very measurable  towards being reunified with her child in addition to that i mentioned the things that caseworkers and of course learn of after the family becomes involved with germination proceedings there were some questions about her on the mother's own mental and physical health one of the recommendations was that she addressed that as made with him a service plan she did other recommendations w to take parenting classes to see seek counseling those are all things she did she was very involved with c r c the community resource center basically throughout the time both the first in the second nine month per d during the leave us during the second nine period is when the petition to terminate parental rights the reason petition was actually filed that was i believe to live two thousand and sixty that asked of you you've been given a list in a family service plan of twenty items you're seeking counseling you're the much akin to move out of mom's house or trying to learn better parenting skills trying to get employment or educations and you can al employment to take care of child if you feel as though you're doing all these things and somebody says are no not good enough why i think it's only natural that we're going to have a little bit of a setback but she did get back up she continued  working towards them she continued taking her classes she continued meeting with the counselors that she had been seeing c r c there wasn't a time where she just gave up there wasn't a time where she wasn't doing  she was certainly making efforts in both the nine month period moving on i guess from me and dr because nicky from the inability of discharge or parental duties i feel as though we've covered  that reasonable efforts this is a subjective standard so what is she able to do not what can i do or what can some other person do the looking we actually expect from this person she was living with her mother i don't believe that she was employed that one of her family services when it was a good job got ill provide for yourself she was apparently of limited means and had never really been in that position where she's the person responsible for the family so she was starting farther back than what some other people we may see in these cases actually start she didn't have a strong base to begin with but she certainly works to build that base as i mention which reasonable efforts my client got her first family service plan i believe it was in the eyes of two thousand and fifteen somewhere in that time immediately she started to make those arrangements with the counselors and with the to get her mental health issues addressed her caseworker was working to try to see if they do a mental health evaluation something she was actually able to do on her own there were others somebody was working with her on that i don't say it caused any delay but there's just a process that things have to go through and things take time some things are out of her grip control as they want to get this done today if a caseworker is making an appointment and she has to wait a month two months to get into that appointment really that's out of her control with that shows she is still when she go to that point she's doing what's expected  she took parenting classes some of those i believe are in home parenting classes and i once she got into her public housing department as it relates to the reasonable part of us we get a lot of cario as far as the action is all right it's a objective standard that was the court knows so this is not just what can we expect from her but government really steps being taken really steps being taken are other things being accomplished that show she is working to get her child back with her again the number one the biggest thing she did was she moved out of her mother's house and she got into a stable appropriate house she was for some time she was going to school she's attending classes trying to get a certificate on a degree one time she had a job for a short time period record i don't believe shows or says what happened to that she lost that job until you look in continued working towards finding employment later on one of the final court hearings i believe there was testimony that she be may have been the basis and i admit i'm speculating but she was nevertheless trying to take steps to be able to provide for her family and for her daughter when she got married her husband had a source of income i believe the record says he was on disability so they were able to support themselves financially they had a safe living arrangement and i think it's clear that she was not doing nothing she was not sitting back on her heels expecting everyone to do things for her she was making a sincere effort through the first nine month period when she applied for housing with the night of the second nine month period when she applied for housing was accepted continued taking classes continued her counseling sessions when she met with dr because nikki and even he concluded or he agreed that there were things that she might be able to do that would make her better helper parental skills helper abilities not so much eating what is wrong with the birth parent but what is what the foster parents bring to the table and i believe most foster parents that i see that these cases are fantastic they response mother the child's grandmother melinda is married to a sex offender melinda is married to a man who sexually abused the response at least one of the respondents sisters  and there are indications that they were both of them nonetheless responded and her mother both said that when he gets upset  he's coming back to live in the mother's home and that they don't see anything wrong with the mother she sees nothing wrong with her daughter now admittedly she's not living in the also noted that response had a borderline intellectual ability he noted that her personality test was invalid because she was trying to make a positive impression rather than tell the truth when the sister was a minor kind of consensual and dr mckee was very concerned that response does not seem to understand that mr hunt the sex offender might be dangerous to him only he noticed that she had boundary issues and lack the not understanding of what constitutes consent in minor and adult sex he degree of clinical psychological certainty she lacks the ability to provide a stable environment or to provide for herself or her child he opined that she lacked judgment and insight especially regarding her views of mr hunt and his sexual thoughts of her sisters he did recommend counseling parenting training and assistance in developing daily living skills but you opined that even  yes could she get better enough to make a difference no and there is although it's kind of a short part of the key things that have to be decided by a psychologist and this minor page twenty seven the dark there was clear in his belief that counseling parenting classes and daily spills training would improve responsibility to parent but as i say  dark has made me sad even if she fall for all of his recommendations there might be some improvement but that it was unlikely that it would reason that she was taken away was because she was in this filthy home and there's pictures of this place in the record and me there is your cat feces everywhere there is filthy dirty litter boxes i mean the caseworker did say there was a son in there in the house but she didn't not like there was something wrong with that if i think i would agree with counsel for and that's all you need to look at me doesn't quite say that but that's basically what i think she's taken away for this reason and she fixed that reason but our supreme court has said that's not situation our supreme court has rejected this narrow view and in raising the in place noted that if the legislature intended this that recent progress be limited to the conditions that were there for the removal of the child from the parents then the in order to achieve the goal of reunification and finally it says other serious conditions existing at the time the child was removed may become known only asked removal following further investigation of the child's parents and family situation so yes she once removed the process house was still paid but that doesn't mean that when she moved out that fixed everything other thing i want to mention is that the house and if she moved him just by itself we're looking at reasonableness of action if someone's taking your child away from you because you're living in a filthy dirty place and you've got a chance to move into public housing that would be acceptable move into public housing get your child back and then marry your boyfriend don't delay one of the requirements of your service plan just because you don't wanna live without your boyfriend but let's look at housing was only one of the requirements for the service plan consists the service plan is important and both reasonable did actually start counseling but in september two thousand and sixteen she was discharged for unsuccessful district unsuccessfully for mental health counseling because she's quit attending in july and she had only been attending this round of mental health counseling one for one month at the end of the second nine month period so from the first service plan until the last respondent was told she needs to complete mental health evaluation and to follow any and all recommendations made as a result of that evaluation including mental health counseling she knows this requirement she didn't even tell a caseworker when she quit and by the way that was part of her service plan to as i said she did get housing she could have gotten housing earlier if she had been willing to move into the housing without her fourth and as far as parenting classes emily was removed from from the response and may two she did start parenting classes in november but she quit before she completed and again in the last few months before the onset necessary she was getting training in her home but she had not completed this and i think it's very important that according to the caseworkers that despite these classes there was not a lot of interaction between respondents and months she worked for two she worked for two weeks after she got married her boyfriend who's receiving s s i it's a quit those suggest the recommendations are less he felt they were going to be beneficial to me that means if it was a lost cause if there was no hope for improvement he would have said something to that effect we would not have recommended the only thing to be addressed or the only thing she needs to work on and you've stated that before and will make sure i'm clear in saying that again she does have to work on other issues i believe that under the subjective nature of the reasonable efforts test during both periods she did make it was reasonable counsel on made an argument that respondents quit going or w discharged unsuccessfully from mental health counseling because she quit going in july twenty sixth team as i stated previously the first petition to terminate parental rights was file in june of two thousand and sixteen i think it's reasonable to say well if somebody tell me what i'm doing not good enough you need if you're going to have a mental setback counsel acknowledge that she did then closure towards the the germination hearings she did start going to get so even though she may have gotten down she didn't stop she might have had to start back to square one which is not a good scenario for anyone to be in after twelve fourteen sixteen months but it shows those efforts are still continuing as far as any progress the biggest progress that she made was when she moved out of her mother's home there are other there are other things that she could progress of the things she could also do i submit those are things that it takes