In the Matter of the Termination of the Parent-Child Relationship of A.E.S.H., P.M.H. & J.G.A.H., Minor Children, K.M.H., Mother v. The Indiana Department of Child Services (mem. dec .)
40A01-1608-JT-1998
| Ind. Ct. App. | Feb 16, 2017Background
- Mother had three children adjudicated CHINS in October 2014 after DCS found unsafe, unsanitary home conditions (no furniture, water, stove, refrigerator) and prior history of reports.
- Court ordered Mother to participate in services; she repeatedly failed to follow through (missed mental health assessment follow-up, inconsistent visits, refused drug screens, missed appointments).
- DCS filed petitions to involuntarily terminate Mother's parental rights in February 2016; trial originally set for April 5, 2016, later continued to July 7, 2016.
- Mother did not appear at the July 7 fact‑finding hearing; her counsel was present and moved for a continuance on grounds Mother lacked transportation.
- DCS witnesses testified that transportation was offered multiple times, that Mother was inconsistent in engaging with services and visits, and that living conditions had repeatedly deteriorated.
- Trial court denied the continuance, proceeded, and on August 1, 2016 terminated Mother’s parental rights; Mother appealed only the denial of the continuance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion by denying Mother’s motion to continue the termination fact‑finding hearing | Mother argued denial deprived her of the opportunity to confront witnesses, consult with counsel, and present testimony; she needed more time due to lack of transportation | DCS argued Mother had over two months' notice, DCS repeatedly offered transportation, Mother failed to show good cause or identify specific prejudice or missing testimony | Court held no abuse of discretion: Mother failed to show good cause for another continuance or prejudice from denial; ample opportunity and offers of transport were shown |
Key Cases Cited
- Rowlett v. Vanderburgh Cty. Office of Family & Children, 841 N.E.2d 615 (Ind. Ct. App. 2006) (denial of continuance for incarcerated parent who could not participate in services was an abuse of discretion)
- In re K.W., 12 N.E.3d 241 (Ind. 2014) (standard of review for continuance decisions)
- J.M. v. Marion Cty. Office of Family & Children, 802 N.E.2d 40 (Ind. Ct. App. 2004) (continuance abuse-of-discretion and prejudice standard)
- Tapia v. State, 753 N.E.2d 581 (Ind. 2001) (abuse of discretion involves evaluating facts against legal standards)