In re Termination of the Parent-Child Relationship of B.D. (Minor Child) and B.D. (Father) v. The Indiana Department of Child Services (mem. dec.)
91 N.E.3d 1100
| Ind. Ct. App. | 2017Background
- Child B.D. born May 2013; removed from mother's care in Sept 2014 after reports of parental drug use and an unsanitary home; DCS filed CHINS petition.
- Father was incarcerated at removal, admitted prior heavy heroin use, and was ordered to participate in services upon release.
- Father was released Sept 11, 2015; initially participated in services and visitation for ~5 months but thereafter missed meetings, tested positive for methamphetamine, and resumed inconsistent contact.
- In early 2016 father repeatedly entered and left treatment programs, checked out against medical advice, violated probation, fled officers, and returned to jail March 2016; remained incarcerated through the termination hearing.
- DCS filed petition to terminate parental rights May 9, 2016; trial court held hearings and terminated father's rights March 20, 2017, finding ongoing substance abuse, criminality, instability, lack of meaningful contact with the child, and that termination served the child’s best interests.
Issues
| Issue | Plaintiff's Argument (DCS) | Defendant's Argument (Father) | Held |
|---|---|---|---|
| Whether DCS proved there is a reasonable probability the conditions leading to removal will not be remedied | Father’s substance abuse, criminal conduct, inconsistent engagement with services, and incarceration make remediation unlikely | Incarceration alone is insufficient; father points to participation in jail programs and recent rehab efforts as evidence remediation is possible | Court affirmed: clear and convincing evidence showed a reasonable probability conditions would not be remedied (or continuation posed a threat) |
| Whether termination is in the child’s best interests | Testimony from case manager and CASA plus totality of evidence supported that termination was in child’s best interests | Father argued improved participation and love for child warrant continued reunification efforts | Court affirmed: termination was in B.D.’s best interests given instability, substance abuse, criminality, and lack of sustained contact |
Key Cases Cited
- In re G.Y., 904 N.E.2d 1257 (Ind. 2009) (parental interests subordinate to child’s interests in termination determinations)
- K.T.K. v. Ind. Dep’t of Child Servs., 989 N.E.2d 1225 (Ind. 2013) (two-step analysis: identify removal conditions then assess probability they will be remedied)
- K.E. v. Indiana Dep’t of Child Servs., 39 N.E.3d 641 (Ind. 2015) (incarceration alone insufficient where incarcerated parent made sustained efforts and maintained contact)
- Bester v. Lake Cnty. Office of Family & Children, 839 N.E.2d 143 (Ind. 2005) (clear and convincing standard and that risk to child development suffices for termination)
- In re I.A., 934 N.E.2d 1127 (Ind. 2010) (framework for assessing likelihood of remediation)
- A.D.S., 987 N.E.2d 1158 (Ind. Ct. App. 2013) (case manager/CASA recommendations plus evidence of non-remedy support best-interests finding)