In re the Matter of the Termination of the Parent-Child Relationship of L.H. (Minor Child) and N.B. (Mother) and J.H. (Father) v. Indiana Department of Child Services (mem. dec.)
03A01-1707-JT-1598
| Ind. Ct. App. | Dec 13, 2017Background
- Child L.H. (b. 2009) was removed after DCS received multiple reports and substantiated findings of parental methamphetamine use, domestic violence in the home, and unstable housing; Child was adjudicated CHINS in August 2015.
- The juvenile court ordered reunification services (substance treatment, random drug screens, home-based therapy, parenting, housing/employment assistance); Parents repeatedly failed to complete or meaningfully engage in services.
- DCS filed to terminate parental rights on August 5, 2016; two-day evidentiary termination hearing occurred March 31 and May 19, 2017.
- Evidence at hearing: ongoing parental substance abuse (positive drug screens, relapse), inconsistent/ suspended visitation (Father: last seen July 2016; Mother: last seen Nov. 2016), lack of stable housing/employment, recent birth of another child testing positive, and the Child’s placement in a stable pre-adoptive home.
- The juvenile court found by clear and convincing evidence that statutory prerequisites were met, that the conditions leading to removal were unlikely to be remedied, termination was in the Child’s best interest, and there was an adoptive plan; trial court terminated both parents’ rights.
Issues
| Issue | Plaintiff's Argument (Parents) | Defendant's Argument (DCS) | Held |
|---|---|---|---|
| Whether DCS proved the statutory predicate that conditions leading to removal will not be remedied (IC 31-35-2-4(b)(2)(B)) | Parents argue changed circumstances: Father had recent clean screens and claimed savings for housing; Mother claimed sobriety and housing at hearing | DCS relied on long history of relapse, missed services/visits, positive screens, incarcerations, and lack of stable housing/employment | Court held DCS proved by clear and convincing evidence that the conditions were unlikely to be remedied; parents’ self-serving testimony was insufficient and credibility for weight was for trial court |
| Whether continuation of the parent–child relationship posed a threat to the child | Parents contested that continuing relationship would not pose a threat given asserted improvements | DCS pointed to suspended visits for drug use, inconsistent contact, and risk of relapse as threats | Not necessary to decide because first disjunct satisfied; court noted facts also supported threat finding if reached |
| Whether termination was in the child’s best interests | Parents argued more time would allow remediation | DCS argued child placed in "very secure, very stable" pre-adoptive home and GAL recommended termination | Court found termination was in Child’s best interest given stability of placement and parents’ failure to progress |
| Whether there was a satisfactory plan for the child | Parents challenged permanency plan implicitly by disputing other elements | DCS presented adoption by pre-adoptive family as plan | Court found plan satisfactory and supported termination |
Key Cases Cited
- Bester v. Lake Cnty. Office of Family & Children, 839 N.E.2d 143 (Ind. 2005) (parental rights have constitutional dimension but may be terminated to protect child)
- In re T.F., 743 N.E.2d 766 (Ind. 2001) (termination aims to protect child and need not wait for irreversible harm)
- In re Involuntary Termination of Parental Rights of S.P.H., 806 N.E.2d 874 (Ind. Ct. App. 2004) (standard of review in termination appeals; disjunctive statutory grounds)
- In re A.I., 825 N.E.2d 798 (Ind. Ct. App. 2005) (framework for assessing whether conditions leading to removal will be remedied)
- McBride v. Monroe Cnty. Office of Family & Children, 798 N.E.2d 185 (Ind. Ct. App. 2003) (permissible factors for considering parental fitness in termination cases)
- In re Involuntary Termination of Parent-Child Relationship of Kay L., 867 N.E.2d 236 (Ind. Ct. App. 2007) (DCS need only show reasonable probability that parent’s behavior will not change)