In the Matter of the Termination of the Parent-Child Relationship of E.M. and El.M., E.M. v. Indiana Department of Child Services
2014 Ind. LEXIS 167
| Ind. | 2014Background
- CHINS adjudication in 2008 due to domestic violence by Father; children removed in Feb 2009 and placed; Father largely noncompliant with services and hostile to providers.
- Father was incarcerated for a felony weapon offense in 2009; DCS discontinued services mid-2009.
- Mother and Father remained out of compliance through 2010, with relatives seeking guardianship/adoption by maternal grandmother (R.E.).
- After prison release in Jan 2012, Father sought visitation but was denied; he largely did not participate in the case plan.
- Adoption by R.E. was the primary permanency plan; at final hearing, DCS and CASA recommended termination of parental rights.
- Trial court terminated Father’s rights; Court of Appeals reversed; Indiana Supreme Court affirmed, upholding termination under the standard review, deferring to trial court’s findings.
- Dissent argued the evidence did not support termination and criticized two key findings as unsupported by the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conditions leading to removal will be remedied | Father failed to remedy due to past pattern and nonrecognition of domestic violence | Conditions unlikely to be remedied given past history and lack of meaningful change | No; court affirmed that conditions would not be remedied based on evidence |
| Whether termination is in the children’s best interests | Preservation efforts and recent progress favored reunification | Permanency and safety concerns outweighed belated efforts | Yes; termination in children’s best interests affirmed despite progress |
Key Cases Cited
- In re G.Y., 904 N.E.2d 1257 (Ind.2009) (clear and convincing standard; weigh prior pattern and changed conditions, defer to trial court)
- K.T.K. v. Indiana Dep’t of Child Servs., 989 N.E.2d 1225 (Ind.2013) (two-step test for remedying conditions; deference to trial court’s findings)
- In re I.A., 934 N.E.2d 1127 (Ind.2010) (consider evidence of changed conditions; objective is likelihood of future neglect)
- Rowlett v. Vanderburgh Cty. Office of Family & Children, 841 N.E.2d 615 (Ind.Ct.App.2006) (predecessor comparison on incarceration impact and bonding; not controlling here)
- In re Adoption of C.B.M., 992 N.E.2d 687 (Ind.2013) (parens patriae and preservation of parental rights balanced with permanency)