We agree with these contentions and vacate the termination order in part. In October of 1996, the Department petitioned the District Court to terminate the mother's parental rights to Melanie and to Joseph.
Most people can live with the loss of a child, albeit grimly difficult to do so.
Given the fact that she so desperately loves her children and needs them to bind her ragged self together, and that there is a substantial risk of her death if she loses them, I feel that this is a case in which I have to try to minimize her pain. From this order, the Department appeals. Statutory interpretation is a question of law that we review de novo. Notwithstanding the sequence in the statute, the trial court must find, by clear and convincing evidence, one of the four bases of parental unfitness . . . before it may consider the best interests of the child . . . . The plain language of this section mandates that a termination order sever the relationship between parent and child.