In re Karter F.

Syllabus

The respondent father appealed to this court from the judgment of the trial court terminating his parental rights with respect to his minor child, K. Held: 1. The respondent father could not prevail on his claim that the trial court improperly found that the Department of Children and Families made reasonable efforts to reunify him with K and that he was unable or unwilling to benefit from such efforts. a. The trial court's finding that the department made reasonable efforts to reunify the respondent father with K was supported by substantial evidence and was not clearly erroneous: in light of the circumstances created by the father, including his incarceration, this court could not conclude that the department's efforts were unreasonable; the depart- ment provided the father with the opportunity to visit with K, which he initially declined, and, once visits were requested, the department consistently provided them, and the department encouraged the father to avail himself of services offered by his correctional facility; thus, the department's efforts were in line with efforts that this court has pre- viously found to be reasonable. b. The trial court properly found that the respondent father was unable or unwilling to benefit from reunification services: the court recognized that, due to the father's incarceration, which this court has stated is a relevant and appropriate factor for the trial court to consider, he would be unavailable to K until his release, K was only four months old at the time of the father's incarceration and, even assuming that he was paroled at the earliest possible release date, K would be a five year old child who has no emotional connection to the father; the court made ample relevant factual findings, including that the father's incarceration ren- dered him unable to benefit from reunification efforts, and findings concerning the father's unresolved mental and emotional issues, his failure to take advantage of the opportunities that the