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In re Jonathan T.9/16/2002
ions. The respondents also argue that the court failed to consider these limitations in deciding to terminate their parental rights.
Under RSA 169-C:24-a, III(c) (2002), the State may not be required to file a petition for termination of parental rights if it has not provided the family with "such services and reasonable efforts as the State deems necessary for the safe return of the child to the child's home." In assessing the State's efforts, the district court must consider whether the services provided have been accessible, available and appropriate. RSA 169-C:24-a, III(c). In a case of neglect, the probate court may grant the petition if it finds that the parents have failed to correct the conditions of neglect despite reasonable efforts under the direction of the district court to rectify the conditions. RSA 170-C:5, III.
The respondents' argument relies upon Robert H., where we stated that, before filing a petition for termination, the State must make "every effort" and must "[work] with the parents" to help them provide a family for their children. See State v. Robert H., 118 N.H. 713, 719 (1978) (quotation omitted). However, we have recently held that the State need only make "reasonable efforts," as expressly required by RSA 170-C:5, III. See In re Craig T., 147 N.H. 739, 745, (2002) (overruling Robert H. to extent it required that the "every effort" standard be applied by probate court). Moreover, as the respondents acknowledge in their brief, the State's ability to provide adequate services is constrained by its staff and dollar limitations. See In re Diana P., 120 N.H. 791, 798 (1980), overruled on other grounds by In re Craig T., 147 N.H. at ___. In short, therefore, the State must put forth reasonable efforts given its available staff and financial resources to maintain the legal bond between parent and child. See id.; see also In re Angel N., 141 N.H. 158, 164 (1996); In re Kristopher B., 125 N.H. at 682-83.
The probate court's findings of fact are final "unless they are so plainly erroneous that such findings could not be reasonably made." RSA 567-A:4 (1997). "Consequently, we will not disturb the probate court's decree unless it is unsupported by the evidence or plainly erroneous as a matter of law." In re Angel N., 141 N.H. at 161 (brackets and quotation omitted).
The record indicates that the State has made reasonable efforts to work with the respondents and to facilitate reunification of the family. See In re Lisa H., 134 N.H. 188, 194 (1991). Under the district court's direction, DCYF provided a multitude of home-based, school-based and outpatient services to the family, including parent aide services, preschool and day care, parenting and stress management classes, therapy and counseling, supervised visitations, financial management assistance and nutritional guidance. In some cases, these services exceeded the normal protocol. For example, at one point the parent aide was visiting the family's home every day, well above the one-visit-per-month guideline typically followed by DCYF. DCYF also made additional efforts by holding pre-visitation meetings with the respondents to discuss the previous visitation as well as concerns, suggestions and planning issues. As one of the State's witnesses testified at the termination hearing, "We could not have provided more. We provided the full array of services in the community in the home that was available."
The respondents argue that the State's efforts were not reasonable because DCYF replaced Familystrength with MFS as the in-home service provider. They argue that the family made progress under Familystrength but then continually went downhill under MFS. They also argue that DCYF should have
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