In the Matter of Grace H.

Summary

The Court held that the statutory abandonment provision applies when a parent is absent before termination, while the abuse-and-neglect provision applies when a parent is present and expresses a legitimate desire to assume responsibility before termination. Because the father appeared, sought custody, and was willing to participate, the district court could not terminate his rights under the abandonment provision without allowing the Department to make reasonable reunification efforts under the abuse-and-neglect provision. The Court reversed the termination and remanded for assessments and further proceedings based on a fully informed record.