In the Matter of the Involuntary Term. of the Parent-Child Relationship of A.B. and A.B. (Minor Child) and their Father J.B., J.B. (Father) v. Ind. Dept. of Child Services (mem. dec.)
54A01-1605-JT-1145
| Ind. Ct. App. | Oct 19, 2016Background
- Father (J.B.) and Mother had two daughters who were removed in July 2014 after reports of parental drug use, unclean children, and a police search that found drug paraphernalia. Children were placed with paternal grandmother.
- Children were adjudicated CHINS in October 2014; dispositional order required parents to complete services including drug/alcohol assessment and follow recommendations.
- Father repeatedly used controlled substances during the CHINS case, had multiple arrests and incarcerations for drug-related offenses, had multiple positive drug screens in 2015, and twice failed to complete intensive outpatient treatment.
- Children lived with grandmother for nearly two years, during which they achieved stability, were bonded to her, and were thriving; the case manager testified adoption by grandmother would be in the children’s best interests.
- DCS changed the permanency plan to guardianship or adoption in January 2016 and filed to terminate parental rights; the trial court terminated Father’s rights following evidentiary hearings in March–May 2016.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence to terminate Father’s parental rights (best interests element of termination) | DCS: Father’s ongoing substance abuse, criminal history, failure to complete treatment, lack of stable housing, and children’s established stability with grandmother support termination | Father: He was willing to begin services/IOP, loved his children, intended to work and visit them, and had plans to start a job | Court affirmed termination: clear and convincing evidence supported finding that termination was in children’s best interests given Father’s substance abuse, failed services, instability, and children’s stability with grandmother |
Key Cases Cited
- Bester v. Lake Cnty. Office of Family & Children, 839 N.E.2d 143 (Ind. 2005) (parental liberty interest and high statutory burden for termination)
- Troxel v. Granville, 530 U.S. 57 (2000) (recognition of parental fundamental liberty interest)
- In re I.A., 934 N.E.2d 1127 (Ind. 2010) (standard of review and requirements for termination findings)
- In re R.S., 56 N.E.3d 625 (Ind. 2016) (appellate review principles in termination cases)
- K.T.K. v. Ind. Dep’t of Child Servs., 989 N.E.2d 1225 (Ind. 2013) (review standard: clear and convincing evidence supports findings and judgment)
- In re D.D., 804 N.E.2d 258 (Ind. Ct. App. 2004) (totality of evidence and subordinating parental interests to child’s)
- McBride v. Monroe Cty. Office of Family & Children, 798 N.E.2d 185 (Ind. Ct. App. 2003) (trial court need not wait for irreversible harm; service provider testimony can support best interests)
- In re E.M., 4 N.E.3d 636 (Ind. 2014) (trial court may weigh parent’s prior history more heavily than recent efforts)