In re Ashley S.

The Department of Human Services (DHS) removed two-year-old Ashley S. from her parents’ custody pursuant to an immediate protective order. Ashley’s mother called the police to report her infant son, Eric, had died in his sleep. When police responded, officers found Ashley covered in feces, unfed, and in a shockingly filthy and dangerous environment. From 11:00 p.m. the prior night until 1:00 p.m. that day, when police were called, neither parent had tended to Ashley or Eric. Eric was left in his car seat next to the father’s (plaintiff) bed, and Ashley was locked in another room. Eric reportedly died eight to 12 hours prior to when the police were called. The father made no efforts to care for Ashley and did not notice Eric had died. The year before, DHS had responded to a neglect-and-abuse call for Ashley, and the parents had gone through rehabilitation programs. The guardian ad litem appointed in the prior DHS case had noted that the parents’ efforts ceased once DHS supervision stopped. The district court found Ashley to be in circumstances of jeopardy, placed Ashley in DHS custody, and ruled that, pursuant to the Adoption and Safe Families Act, the presence of aggravated circumstances meant that reunification efforts were not required. The father appealed, conceding the jeopardy finding but challenging the district court’s determination that there were aggravating circumstances and that reunification efforts were not warranted. The father argued that only criminal behavior constituted aggravating circumstances.