In the Interest of DRT

Jet (defendant) was a single mother of an infant. Six days after Jet’s baby was born, Jet contacted a social worker and indicated that she needed assistance with the baby because of her temper and her fear that she would harm the baby. The social worker reported the matter to the police. A police officer and a family-services caseworker went to Jet’s home, where they found Jet crying. Jet stated that she found herself screaming at her baby at night when the child would cry, and Jet was scared that she might harm the baby. The police officer took the baby into protective custody. A child-neglect petition was filed, and a joint shelter-care hearing and initial appearance were held. At the hearing, a juvenile court thoroughly advised Jet of her rights, as required by law, such as her right to an attorney, and of the fact that if her child was placed in foster care and was unable to be reunified with Jet within 15-22 months, a petition could be filed to terminate her parental rights. The court also carefully inquired into Jet’s mental health, and Jet indicated that she had bipolar disorder, attention deficit hyperactivity disorder, panic attacks, and anxiety attacks. However, Jet indicated that she was clearheaded and not currently on medication. Jet indicated that she believed her child was safe where she was and should remain there for the time being, more than once denied the offer of speaking to an attorney free of charge, and admitted the allegations of child neglect. Subsequently, Jet moved to withdraw her admission, and a hearing was held. The juvenile court denied the petition. Jet appealed, asserting that the court abused its discretion by not granting her motion to withdraw her admission in violation of due process because at the initial hearing, (1) the court did not advise her that her parental rights could be terminated following a neglect adjudication without waiting for a minimal period of reunification efforts under a different statute from the one under which the neglect petition was filed, and (2) the court accepted her admission of neglect despite her mental illness. However, the result of a psychiatric evaluation revealed that Jet was bipolar but that her intellectual function was high-average. There was no indication in the record that Jet’s mental illness affected her voluntary admission.