In re the Termination of the Parent-Child Relastionship of N.G. (Minor Child) and N.R.G. (Mother) v. Indiana Department of Child Services (mem. dec.), 71A03-1703-JT-668

Daughter (born 2008) and older brother were removed after domestic violence and later disclosures that Brother sexually abused Daughter repeatedly while in the parents’ home.
DCS placed children with a paternal aunt, then in foster care; Daughter exhibited severe emotional dysregulation, boundary problems, hygiene deficits, and safety fears that improved in foster care but worsened after visits with Mother.
Mother participated unevenly in services: inconsistent contact with DCS, limited progress in individual and parenting therapy, difficulty discussing or apologizing for the abuse, and possible PTSD and cognitive/learning limitations affecting treatment retention.
DCS filed a mandatory termination petition after Daughter had been in foster care 15 of the most recent 22 months; the trial court terminated Mother’s parental rights; this court previously remanded for fuller findings and the trial court then entered amended findings.
On appeal Mother argued (1) certain evidence (child’s out-of-court statements) was improperly admitted and (2) DCS failed to present clear and convincing evidence to justify termination.

Issue	Mother’s Argument	DCS’s / Respondent’s Argument	Held
1. Admission of evidence (child out-of-court statements/hearsay)	Trial court erred by admitting testimony/documents referencing Daughter’s out-of-court statements in violation of child-hearsay rules	Any contested testimony was either non-hearsay, cumulative, or Mother waived objections by failing to contemporaneously object	No reversible error: most contested items were either not hearsay, cumulative of unobjected evidence, or objections were waived
2. Sufficiency to terminate parental rights under I.C. § 31-35-2-4(b)(2) (remedy/threat/best interests)	Mother argued conditions leading to removal (e.g., Father’s assault) were not her fault and she had made improvements; termination was premature	DCS argued Mother failed to remedy reasons for continued placement (Brother’s abuse, Mother’s refusal/ inability to engage therapeutically), and continuation posed a threat; termination was in Daughter’s best interests	Affirmed: clear and convincing evidence supported that conditions would not be remedied, continuation posed a threat, and termination was in the child’s best interests

In re G.Y., 904 N.E.2d 1257 (Ind. 2009) (parental interests subordinate to child's best interests in termination proceedings)
Bester v. Lake County Office of Family & Children, 839 N.E.2d 143 (Ind. 2005) (clear-and-convincing standard and risk to child’s emotional/physical development sufficient for termination)
In re K.T.K., 989 N.E.2d 1225 (Ind. 2013) (courts may discount last-minute efforts before termination and weigh historical conduct)
In re A.K., 924 N.E.2d 212 (Ind. Ct. App. 2010) (only one prong of §31-35-2-4(b)(2)(B) must be proven)
A.D.S. v. Indiana Dep’t of Child Servs., 987 N.E.2d 1150 (Ind. Ct. App. 2013) (standard for assessing probability conditions will not be remedied and weighing changed circumstances)
In re E.M., 4 N.E.3d 636 (Ind. 2014) (courts need not wait until irreversible harm to terminate parental rights)
In re A.I., 825 N.E.2d 798 (Ind. Ct. App. 2005) (reasons for continued out-of-home placement relevant beyond initial removal)
Castro v. State Office of Family & Children, 842 N.E.2d 367 (Ind. Ct. App. 2006) (federal requirement to file termination petition after 15 of 22 months in foster care)