968 N.E.2d 792
Ind. Ct. App.2012Background
- D.K. (born Oct. 2008) was removed from Mother's care in March 2009 for neglect and placed in foster care.
- Father never provided support and was incarcerated after D.K.'s birth; he later had his parental rights terminated.
- D.K. was adjudicated a CHINS on April 7, 2009, and Mother was required to complete parenting classes, obtain stable housing, and maintain employment.
- Over two years, Mother inhabited at least eight residences, often with friends or boyfriends, making CASA difficult to contact.
- Mother failed to complete any required parenting classes or obtain a GED, and she violated group-home rules, leading to D.K.’s return to foster care.
- DCS offered services and interstate placement options, but Mother declined or failed to engage; she remained unemployed at the TPR hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is sufficient evidence to terminate parental rights | Mother's failure to remedy conditions supported termination | Mother argues conditions could be remedied; last-minute changes foresee improvement | Termination affirmed; substantial evidence shows conditions unlikely to be remedied |
Key Cases Cited
- In re I.A., 934 N.E.2d 1127 (Ind. 2010) (two-tier standard; assess findings then judgment; clear and convincing evidence required)
- In re J.T., 742 N.E.2d 509 (Ind. Ct. App. 2001) (consider change in conditions at termination; may rely on evidence of continued removal)
- In re A.I., 825 N.E.2d 798 (Ind. Ct. App. 2005) (child's continued placement and parent's conduct may be considered)
- McBride v. Monroe County Office of Family and Children, 798 N.E.2d 185 (Ind. Ct. App. 2003) (court may consider parental pattern, history of instability and failure to provide)
- Graham v. State, 941 N.E.2d 1091 (Ind. Ct. App. 2011) (rule on judicial notice and inclusion of records for appellate review)