In the Matter of Term. of the Parent-Child Relationship of: B.H. and S.H., and B.H. and M.B. v. The Ind. Dept. of Child Services
2015 Ind. App. LEXIS 647
| Ind. Ct. App. | 2015Background
- Two children (born 2006 and 2008) removed from parents after Father stabbed a relative in front of the children and one child tested positive for methamphetamine; DCS filed CHINS petition in May 2013 and dispositional orders followed.
- Mother had longstanding substance abuse, multiple positive drug tests (methamphetamine, hydrocodone), missed drug screens, failed to complete recommended IOP, unstable housing, sporadic visitation and communication, and a newborn in 2014 tested positive for opiates and methamphetamine.
- Father was incarcerated for dealing methamphetamine and related convictions after the incident; his earliest release date was November 1, 2019 (about five years after the termination hearing); he had not completed in-prison programs or shown post-release plans at the hearing.
- DCS filed petitions to terminate parental rights in October 2014; termination hearing occurred December 18, 2014 and March 3, 2015. Mother filed two last‑minute motions to continue, both denied; parents appealed the termination order entered March 31, 2015.
- Juvenile court found (and appellate court reviewed) statutory elements for termination: lengthy removal, reasonable probability conditions won’t be remedied or continuation poses threat, termination in children’s best interests, and a satisfactory plan (grandparents seeking adoption).
Issues
| Issue | Mother's Argument | Father's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion by denying Mother’s motions to continue | Mother: last-minute work/transport problems justified continuance | DCS: Mother had notice and could have arranged transport; counsel appeared and defended her | Denial was not an abuse of discretion; counsel’s participation preserved fairness |
| Whether there was sufficient evidence that conditions causing removal would not be remedied (Mother) | Mother: argued she could remedy issues | DCS: Mother's repeated substance use, missed treatment, positive tests, homelessness support nonremedy | Court: clear and convincing evidence supports reasonable probability conditions will not be remedied |
| Whether continuation of the parent-child relationship posed a threat / termination was in children’s best interests (Mother) | Mother: challenged threat and best-interest finding | DCS: ongoing substance abuse, unstable housing, lack of contact, stable adoptive placement with grandparents | Held: continuation posed a threat and termination served children’s best interests |
| Whether Father’s incarceration alone sufficed to terminate his rights (Father) | Father: incarceration was sole or controlling basis; argued against termination | DCS: pointed to criminal activity while children were young, drug dealing, long remaining sentence, lack of programming/plan | Held: incarceration was not sole basis; but combined with harming conduct, long release date, and lack of rehabilitative evidence, termination was appropriate |
Key Cases Cited
- Parmeter v. Cass Cnty. Dep’t of Child Servs., 878 N.E.2d 444 (Ind. Ct. App. 2007) (motion-to-continue abuse-of-discretion standard)
- Danner v. Danner, 573 N.E.2d 934 (Ind. Ct. App. 1991) (moving party must be free from fault to obtain continuance)
- K.T.K. v. Ind. Dep’t of Child Servs., 989 N.E.2d 1225 (Ind. 2013) (standard of review and clear-and-convincing proof required for termination)
- Bester v. Lake Cnty. Office of Family & Children, 839 N.E.2d 143 (Ind. 2005) (harm to child’s emotional and physical development supports termination)
- In re G.Y., 904 N.E.2d 1257 (Ind. 2009) (incarceration alone insufficient where parent showed significant rehabilitative progress)
- In re H.L., 915 N.E.2d 145 (Ind. Ct. App. 2009) (DCS not required to provide services before filing termination petition)