In Re the Termination of the Parent-Child Relationship of: M.R. and M.R. J.S. and K.G. v. The Indiana Department of Child Services (mem. dec.), 41A01-1706-JT-1333

Mother’s two children were removed in Aug 2015 after reports of drug use and unsafe, unsanitary housing; an assessor observed the younger child with feces on her and wearing a urine- and feces-soiled diaper. Children were placed with paternal grandmother.
DCS filed CHINS; Mother admitted CHINS and was ordered to maintain housing, abstain from drugs, and complete substance-abuse treatment.
Mother repeatedly failed substance-abuse treatment: discharged from two intensive outpatient programs for positive drug screens/attendance violations; newborn in Aug 2016 tested positive for drugs and later died; Mother attempted to smuggle drug paraphernalia at birth.
Mother continued to use controlled substances and heroin during proceedings, admitted recent use shortly before the termination hearing, missed evaluations, and was arrested on drug charges in March 2017.
Mother had unstable housing during the case, inconsistent and sometimes inappropriate supervised visitation (visitation supervisor suspected impairment), and had only seen the children twice in the prior 4–5 months.
DCS petitioned to terminate parental rights in Jan 2017; the trial court terminated Mother’s rights after a contested hearing and the Court of Appeals affirmed.

Issue	Mother’s Argument	DCS’s Argument	Held
Whether sufficient evidence shows a reasonable probability the conditions leading to removal will not be remedied	Mother: she could remedy conditions; termination unsupported	DCS: Mother’s ongoing substance use, treatment failures, unstable housing, and visitation issues show low likelihood of remedy	Affirmed — evidence supports reasonable probability conditions won’t be remedied
Whether continuation of parent-child relationship poses a threat to children’s well-being	Mother: continuation would not threaten children	DCS: continued relationship risks neglect/deprivation given habitual conduct	Court relied on remedy prong (only one needed) and found termination appropriate
Whether termination is in children’s best interests	Mother: best interests not served by termination	DCS: termination serves children; plan for paternal grandmother adoption	Held — trial court found termination in children’s best interests
Whether DCS met burden of clear and convincing evidence under statutory criteria	Mother: DCS failed to meet clear-and-convincing standard	DCS: presented evidence meeting statutory burden	Held — DCS met clear-and-convincing standard; termination affirmed

In re K.T.K., 989 N.E.2d 1225 (Ind. 2013) (standard for appellate review of termination and clear-and-convincing requirement)
In re Bester, 839 N.E.2d 143 (Ind. 2005) (purpose of termination is child protection, not punishment)
In re L.S., 717 N.E.2d 204 (Ind. Ct. App. 1999) (termination purpose and analysis)
In re A.K., 924 N.E.2d 212 (Ind. Ct. App. 2010) (disjunctive nature of statutory grounds — only one prong required)
In re E.M., 4 N.E.3d 636 (Ind. 2014) (two-step analysis for whether conditions leading to removal will be remedied)
A.D.S. v. Ind. Dep’t of Child Servs., 987 N.E.2d 1150 (Ind. Ct. App. 2013) (factors showing habitual conduct and use of services in remedial analysis)