He took parenting classes while in prison and wrote to them regularly. There is a rebuttable presumption that the best interest of a child is served when custody is with the natural parents. This record is filled with papers, reports, and evaluations. Considerable resources have been expended, yet little has been done to improve the children's plight. There is a strong possibility these children will, with or without termination of their father's parental rights, remain in institutional or foster care until their majority.
Termination is an outcome of last resort.
To legally end a relationship with an ineffectual but loving and caring parent, without being reasonably assured of any hope of permanency with an adopted family, is of doubtful advantage to a child. Jim is one of the few people who loves these children. Children have a basic need for love and yet love is a word rarely, if ever, mentioned in our termination statutes. In Jim's petition for remand, he relates he is out of prison and will soon be in a position to assist with their care. We find it would be in the best interest for these children to be a part of a structured and supportive family with the love, expertise, and resources to meet their special needs.