Evidence of past or present deprivation alone is not enough to terminate parental rights, but "[e]vidence of the parent's background . . . may be considered in determining whether deprivation is likely to continue." McBeth v. M.D.K., 447 N.W.2d 318, 321 (N.D. 1989). Specifically, prognostic evidence can be used to show that the parent's present inability to care for the child "would continue for sufficient time to render improbable the successful assimilation of the child into a family if that parent's rights were not presently terminated." T.J.O., 462 N.W.2d at 633; see also In Interest of J.A.L., 432 N.W.2d 876, 878 (N.D. 1988).
This Court has defined prognostic evidence as "evidence that forms the basis for a reasonable prediction as to future behavior." McBeth v. M.D.K., 447 N.W.2d 318, 321 (N.D. 1989). [¶ 20] R.S.'s history with A.S. provides guidance as to possible future deprivations.
The juvenile court also heard testimony from an addiction expert called by T.L. about the low success rates for methamphetamine treatment, even when the patient complies with the treatment program. Relying on McBeth v. M.D.K., 447 N.W.2d 318, 322 (N.D. 1989), the juvenile court explained that, given the low likelihood for success in curing methamphetamine addiction even with the help of a treatment regime, T.L.'s failure to actively pursue and complete any treatment program made T.L. like the parent in M.D.K. In M.D.K., this Court held "it is not enough that a mother indicate a desire to improve."
We have defined prognostic evidence as "evidence that forms the basis for a reasonable prediction as to future behavior." McBeth v. M.D.K., 447 N.W.2d 318, 321 (N.D. 1989). [¶ 17] Prognostic evidence must demonstrate the parent is presently unable to provide physical and emotional care for the child, with the aid of available social agencies if necessary, and that this "inability to care for the child `would continue for sufficient time to render improbable the successful assimilation of the child into a family if that parent's rights were not presently terminated.'"
(3) Is the child suffering, or will the child in the future probably suffer, serious physical, mental, moral, or emotional harm? See McBeth v. M.D.K., 447 N.W.2d 318 (N.D. 1989); In Interest of L.J., 436 N.W.2d 558 (N.D. 1989). The party seeking termination has the burden of establishing each of the three factors by clear and convincing evidence.
A parent must be able to demonstrate present capability, or capability within the near future, to be an adequate parent.” Interest of D.M., 2007 ND 62, ¶ 22, 730 N.W.2d 604 (quoting Interest of M.D.K., 447 N.W.2d 318, 322 (N.D.1989)). [¶ 38] Because we are not left with a firm and definite conviction that a mistake has been made, we conclude the juvenile court did not err in finding K.B. and P.M. are deprived and therefore did not err in adopting the referee's order terminating N.M. and M.M.'s parental rights.
It is not enough that a parent indicates a desire to improve behavior; rather, the parent also must be able to demonstrate present capacity, or capacity within the near future, to be an adequate parent. McBeth v. M.D.K., 447 N.W.2d 318, 322 (N.D. 1989). An agency does not have to "exhaust every potential solution" before it initiates an action to terminate parental rights. In re J.S., 2008 ND 9, ¶ 19, 743 N.W.2d 808.
A parent must be able to demonstrate present capability, or capability within the near future, to be an adequate parent." See Interest of M.D.K., 447 N.W.2d 318, 322 (N.D. 1989). [¶ 23] The juvenile court finding that the deprivation will continue or will not be remedied is not clearly erroneous.
[¶ 26] It is not enough that a parent indicates a desire to improve behavior; rather, the parent must be able to demonstrate present capacity, or capacity within the near future, to be an adequate parent. McBeth v. M.D.K., 447 N.W.2d 318, 322 (N.D. 1989). There is sufficient evidence in the record showing that extensive assistance and plans were offered.
[¶ 13] It is not enough that a parent indicates a desire to improve behavior; rather, the parent must be able to demonstrate present capability, or capability within the near future, to be an adequate parent. McBeth v. M.D.K., 447 N.W.2d 318, 322 (N.D. 1989). Whether there are aggravated circumstances which would obviate the need for providing assistance is not dispositive here. The record evidence shows that assistance was offered.