In the Matter of the Term. of the Parent-Child Relationship of: N.G., L.C., & M.C. (Minor Children), and A.C. and J.G. (Their Parents) A.C. (Mother) v. Ind. Dept. of Child Services (mem. dec.)
51 N.E.3d 1167
| Ind. | 2016Background
- A.C. (mother) appealed termination of her parental rights to three children (N.G., L.C., M.C.) after DCS filed termination petitions following a 2011 CHINS adjudication and removal.
- The trial court adopted the magistrate’s findings and terminated parental rights on December 2, 2014, concluding termination was in the children’s best interests and the conditions leading to removal would not be remedied.
- Key factual bases included the mother’s mental-health diagnoses (including bipolar disorder), noncompliance with medication and prior services, inconsistent participation and limited benefit from counseling, history of physical/verbal abuse toward N.G., and children’s negative reactions after visits with the mother.
- The Court of Appeals affirmed termination as to son N.G. but reversed as to the twin daughters L.C. and M.C.; the State sought transfer to the Indiana Supreme Court.
- On transfer, the Supreme Court reviewed whether the evidence clearly and convincingly supported the findings and judgment, and whether the mother’s due-process claim (about withheld counseling videotapes) was preserved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of findings (particularly Findings #36–37 about therapy benefit) | Mother: therapist testified she benefitted; findings that therapy showed little/no benefit are unsupported | DCS: record shows therapists expressed doubt about benefit and limited progress; other therapists corroborated lack of meaningful improvement | Findings supported by clear and convincing evidence; not clearly erroneous |
| Sufficiency of evidence to terminate parental rights / best interests | Mother: conditions (e.g., boyfriend’s discipline) and some evidence favor reunification; termination not supported by clear and convincing evidence | DCS: numerous findings (abuse, noncompliance, lack of insight, children’s distress after visits, professionals' opinions) show reasonable probability conditions won’t be remedied and termination is in children’s best interests | Court held evidence clearly and convincingly supported conclusion that conditions likely not remedied and termination was in children’s best interests; judgment affirmed |
| Whether statutory criteria for termination were met | Mother: contested factual sufficiency under statutory framework | DCS: statutory elements proven (CHINS removal, reasonable probability conditions won’t be remedied, best interests, plan) | Court found statutory predicates satisfied and ordered termination |
| Due process claim re: subpoenaed therapy videotapes not produced | Mother: DCS knew/should have known tapes existed and failed to provide them; trial court should have dismissed petition for due-process violation | DCS: tapes were addressed in court; counsel viewed tapes per record; mother did not preserve objection at trial | Claim waived for failure to timely object/join motion; Court declined to consider claim (affirmed on waiver) |
Key Cases Cited
- Bester v. Lake Cty. Office of Family & Children, 839 N.E.2d 143 (Ind. 2005) (parental rights are a fundamental liberty interest but may be terminated for inability/unwillingness to parent)
- In re E.M., 4 N.E.3d 636 (Ind. 2014) (standard of review in termination appeals: two-step clear-and-convincing-evidence analysis; do not reweigh evidence)
- Civil Commitment of T.K. v. Dep’t of Veterans Affairs, 27 N.E.3d 271 (Ind. 2015) (discussing appellate review standards cited in termination context)
- Bud Wolf Chevrolet, Inc. v. Robertson, 519 N.E.2d 135 (Ind. 1988) (evidentiary/standard-of-review principles referenced)
- McBride v. Monroe Cty. Office of Family and Children, 798 N.E.2d 185 (Ind. Ct. App. 2003) (constitutional/due-process claims may be waived if raised first on appeal)