In re the Termination of the Parent-Child Relationship of: A.H. & P.H. (Minor Children) and T.S. (Mother) and D.H. (Father) v. The Indiana Department of Child Services (mem. dec.)
89A01-1601-JT-53
| Ind. Ct. App. | Sep 30, 2016Background
- Twins A.H. and P.H. were removed from parents' care shortly after birth (June 2014) when P.H.’s meconium tested positive for morphine and both infants showed withdrawal; DCS adjudicated them CHINS and placed them with paternal grandmother, later foster care.
- Parents were ordered to complete reunification services (substance-abuse treatment, random drug screens, visitation). Both repeatedly failed to comply; both tested positive at times and Mother had prior CHINS matters and a history of overdoses.
- Father was arrested and incarcerated on armed robbery charges in April 2015; Mother overdosed in May 2015, prompting removal from grandmother’s home; permanency plan changed to termination and adoption in August 2015.
- Prior to the termination hearing, both parents had limited, recent attempts at treatment: Mother attended short inpatient detox and sporadic treatment (claimed 41 days sober at hearing) but had a long history of unsuccessful programs; Father participated in jail-based parenting programming but had poor pre-incarceration engagement and failed multiple drug screens.
- Caseworkers and CASA recommended termination as being in the children’s best interests due to parents’ histories, lack of sustained sobriety or participation, and strong bonding/stability with foster parents.
- Trial court terminated both parents’ rights; on appeal the parents challenged sufficiency of evidence that conditions would not be remedied and that termination was in the children’s best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DCS proved a reasonable probability the conditions leading to removal will not be remedied | DCS: Parents’ long histories of substance abuse, failed services, missed visits, and Father’s pre-incarceration drug failures show low likelihood of remedy | Parents: Recent treatment, Mother’s claimed sobriety and pending housing/employment, Father’s jail-based participation show remediation efforts | Court: Affirmed — evidence (parents’ habitual conduct, late/insufficient efforts, incarceration) supports reasonable probability conditions won’t be remedied |
| Whether termination is in the children’s best interests | DCS: Need for permanency, stability, children bonded to foster parents, recommendations from caseworker and CASA | Parents: Recent improvement efforts indicate they can parent and should not be terminated | Court: Affirmed — totality of evidence favors children’s interest in permanency and stability over parental interests |
Key Cases Cited
- In re D.B., 942 N.E.2d 867 (Ind. Ct. App. 2011) (standard of review in termination appeals; defer to trial court on credibility and weight)
- In re G.Y., 904 N.E.2d 1257 (Ind. 2009) (parental interests subordinate to child’s best interests in termination decisions)
- Bester v. Lake Cnty. Office of Family & Children, 839 N.E.2d 143 (Ind. 2005) (clear-and-convincing standard: risk to child’s physical or emotional development suffices)
- In re K.T.K., 989 N.E.2d 1225 (Ind. 2013) (court may discount short-term remedial efforts made shortly before termination)
- A.D.S. v. Ind. Dep’t of Child Servs., 987 N.E.2d 1150 (Ind. Ct. App. 2013) (consider parents’ habitual conduct and response to offered services when predicting future remediation)