In the Matter of the Term. of the Parent-Child Rel. of J.C., Et.C. & El.C. S.C. v. Indiana Department of Child Services
2013 Ind. App. LEXIS 246
| Ind. Ct. App. | 2013Background
- DCS detained Et.C. and J.C. on 3/18/2010 after Mother's arrest for theft and OVI; removal followed by a 9/13/2010 detention due to neglect and public intoxication, with children placed in foster care.
- Mother completed CHINS services including negative drug screens and an Intensive Outpatient Program, but reunification was delayed by her work-release incarceration.
- In 2/23/2011 Mother gave birth to El.C.; DCS filed a new CHINS petition; by mid-2011 Mother resumed compliance and a Trial Home Visit was planned for July 2011.
- On 10/7/2011 Mother inflicted a domestic-violence incident in the presence of the children, leading to another removal and placement with paternal grandmother; by 12/15/2011 CHINS court found noncompliance with the plan.
- Mother was convicted and incarcerated after the 10/7/2011 incident, with an earliest release date in January 2013; termination petition filed 2/29/2012 and terminated at trial in June 2012; paternal grandmother had cared for the children during the termination proceedings.
- The appellate court affirmed termination, finding substantial evidence supporting the non-remedied conditions, best interests of the children, and a satisfactory post-termination plan with pre-adoptive placement with paternal grandmother.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is a reasonable probability the conditions that led to removal would be remedied. | DCS argues conditions will not be remedied given Mother's relapses and incarcerations. | Mother contends services were insufficient to show unremediable conditions. | Yes; evidence supports lack of remediable conditions. |
| Whether termination was in the children's best interests. | DCS argues best interests favor termination due to ongoing risks and instability. | Mother emphasizes care and stability provided by the current placement. | Yes; termination is in the children's best interests. |
| Whether there was a satisfactory plan for the care and treatment of the children after termination. | DCS's plan with paternal grandmother is satisfactory for care post-termination. | Mother argues the plan may alienate her from the children. | Yes; plan deemed satisfactory. |
Key Cases Cited
- In re G.Y., 904 N.E.2d 1257 (Ind. 2009) (clear and convincing standard; termination proper when conditions unlikely to be remedied)
- In re D.D., 804 N.E.2d 258 (Ind. Ct. App. 2004) (appellate cannot reweigh credibility; evaluate evidence in favor of judgment)
- In re L.S., 717 N.E.2d 204 (Ind. Ct. App. 1999) (deference to juvenile court; two-tier review with findings)
- In re J.S., 906 N.E.2d 226 (Ind. Ct. App. 2009) (best interests considered with totality of evidence)
- Lang v. Starke County OFC, 861 N.E.2d 366 (Ind. 2007) (historical inability to provide suitable environment supports termination)