In Re CM, 960 N.E.2d 169

DCS became involved after Father, with bipolar disorder and off-medication, battered the Children; Mother was incarcerated on theft and probation charges.
Children were adjudicated CHINS and placed back with Mother for a trial home visit in fall 2010.
Mother cooperated with services but allowed Boyfriend with a criminal history to have access to the home, violating a safety plan.
Mother tested positive for oxycodone in December 2010; later, a January 2011 search led to Boyfriend's arrest and new charges against Mother.
Children were removed in January 2011; DCS petitioned to terminate parental rights on February 4, 2011, with a hearing on April 21, 2011.
Trial court terminated both parents’ rights on April 25, 2011; on appeal, the court reversed as to Mother due to insufficient findings and evidence not showing changed conditions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether DCS proved termination requirements by clear and convincing evidence	Mother argues DCS failed to prove remaining elements	Mother contends there were changed conditions and lack of evidence of non-remediated risks	Term judgment reversed; insufficient findings and evidence to support termination

In re A.A.C., 682 N.E.2d 542 (Ind.App.1997) (standard for review of termination; not clearly erroneous)
Parks v. Delaware County Dep't of Child Servs., 862 N.E.2d 1275 (Ind.App.2007) (TR 52 findings control; two-tiered review when findings exist)
In re L.S., 717 N.E.2d 204 (Ind.App.1999) (subsection (b)(2)(B) disjunctive, require only one prong proven)
In re J.T., 742 N.E.2d 509 (Ind.App.2001) (judge fitness at termination hearing, consider changed conditions)
In re A.B., 887 N.E.2d 158 (Ind.App.2008) (totality of evidence for best interests; beyond DCS factors)
A.F. v. Marion County Office of Family & Children, 762 N.E.2d 1244 (Ind.App.2002) (evidence of prior issues considered in assessing fitness)