A court can find that although the Department of Children and Families offered a "heroic number of services," a biological parent failed to rehabilitate sufficiently, as to encourage a belief that, in a reasonable time the individual will be in a position to serve as a parent. In 2008, the minor child, who was 5 years old, reported to a teacher and social worker that his mother's boyfriend allegedly choked the 5-year-old and struck his brother, Eddiel. Eddiel had a hematoma, black eyes and bruises. A doctor examined the minor child and found that he was missing skin on his penis, he had a broken hand and he was bruised. The Department of Children and Families invoked a 96-hour hold on both children. The minor child was adjudicated neglected and guardianship was awarded to Eddiel's father, Eddie. The minor child did not know that his biological father abandoned him and believed that Eddie was his father. Eddie acquiesced when the mother requested guardianship of the minor child. The department immediately investigated. The department claimed that the mother suffers from adjustment disorder and depression, has not completed any substance abuse or domestic violence treatment plans, and continues to lie about her current boyfriend. The court found that the mother was unable or unwilling to benefit from parenting education, counseling, substance abuse and reunification services. The mother, 27, has four children with four different men. "DCF," wrote the court, "offered an heroic number of services." The department placed the minor child with Eddie's parents, who he believed were his grandparents. The minor child, 11, is bonded with them and is eager to move with them to Puerto Rico. The department filed a motion for out-of-state placement with Eddie's parents, after they move to Puerto Rico. The department proved that the biological father abandoned the minor child and that the mother, who continued to visit and is bonded with the minor child, failed to rehabilitate after five years. Termination of the rights of the biological parents is in the best interests of the minor child. The court approved the motion for out-of-state placement.

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