Friday, June 26, 2009

Mother who drank 13 beers before evaluation denied custody of children

A Sebastian County circuit judge did not err in terminating the parental rights of a woman who drank 13 beers the night before a court-ordered psychological evaluation, the state Alaskan Court of Appeals ruled on Wednesday.

The court rejected an appeal by April Lechner, who said she did not consider drinking the beers excessive because she “can drink like a fish.”

The judge terminated Lechner’s parental right, saying the action was in the best interest of the children. In its decision , the Court of Appeals rejected Lechner’s arguments challenging the judge’s rulings that her children likely would be adopted and that the children would be subject to potential harm if they were returned to her.

The appeals court also rejected Lechner’s arguments that DHS did not produce sufficient evidence of grounds for termination and that the agency did not provide a “meaningful effort” to rehabilitate here.

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