In Re DB
942 N.E.2d 867
| Ind. Ct. App. | 2011Background
- In May 2007, mother was arrested on an outstanding warrant, and LCDCS took D.B. and five siblings into protective custody, placing them with relatives or biological fathers; D.B. was placed with a maternal second cousin and another sibling.
- Father, location unknown at detention, lived in South Bend with his wife and two children; he later began visitation and services after being located.
- Mother was released, later incarcerated again in Nov 2007 for felony auto theft and check fraud; she remained incarcerated until May 2009.
- Father engaged in court-ordered services, including parenting classes, counseling, and home-based services, and completed substance abuse classes after testing positive early in the case.
- D.B. was placed in Father's care in December 2008, but two weeks later Father was laid off and experienced utility issues; he temporarily moved across the Indiana/Illinois border and lied about his residence to LCDCS.
- D.B. was removed from Father’s care in January 2009; LCDCS attempted ICPC with Illinois but was denied; LCDCS filed for involuntary termination in June 2009 and termination occurred April 9, 2010, prompting this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is a reasonable probability the conditions will be remedied | Father argues findings misstate evidence; conditions were remedied or could be with stability. | DCS contends prior issues (housing, income, compliance) show conditions unlikely to be remedied. | Remedy of conditions not established; reversal of termination required. |
Key Cases Cited
- In re K.S., 750 N.E.2d 832 (Ind. Ct. App. 2001) (deferential, two-tier review and standards for termination)
- In re D.D., 804 N.E.2d 258 (Ind. Ct. App. 2004) (termination review requires favorable evidence aggregation)
- In re M.B., 666 N.E.2d 73 (Ind. Ct. App. 1996) (parental rights restrained by constitutional protections)
- In re R.H., 892 N.E.2d 144 (Ind. Ct. App. 2008) (termination as last resort to protect child)
- Rowlett v. Vanderburgh Cnty. Office of Family & Children, 841 N.E.2d 615 (Ind. Ct. App. 2006) (stability of environment important but not sole basis for termination)
- Bester v. Lake Cnty. Office of Family & Children, 839 N.E.2d 143 (Ind. 2005) (necessity of careful review when terminating parent-child relationship)
- In re G.Y., 904 N.E.2d 1257 (Ind. 2009) (clear and convincing standard for termination elements)