In the Matter of the Termination of the Parent-Child Relationship of I.S. (Child) and M.B. (Mother) v. The Indiana Department of Child Services (mem. dec.)
79A05-1611-JT-2743
| Ind. Ct. App. | May 31, 2017Background
- Mother (M.B.) has a long history of substance abuse dating to 2011; tested positive for drugs while pregnant with I.S., who was born Sept. 19, 2014, and has significant medical needs requiring future surgeries.
- DCS filed a CHINS petition in Dec. 2014; I.S. was placed in foster care after the court found CHINS and entered parental-participation orders requiring sobriety, random drug screens, mental-health assessment, participation in services, and visitation.
- Mother repeatedly failed to comply with services, missed visits, was unsuccessfully discharged from multiple treatment/visitation programs, and was found in contempt multiple times; numerous positive drug tests were documented.
- Parents ceased visiting I.S. after January 2016; DCS filed to terminate parental rights in Feb. 2016. Mother moved to Chicago and testified at the termination hearing that she had recent employment and attendance at AA/NA but provided no verification.
- CASA and the DCS case manager recommended termination; the juvenile court found repeated drug use, instability, lack of engagement with services, and concluded (1) there is a reasonable probability the conditions leading to removal will not be remedied and (2) termination is in the child’s best interests. Mother appealed arguing insufficient evidence.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (DCS) | Held |
|---|---|---|---|
| Whether there is a reasonable probability the conditions leading to removal will not be remedied | Mother: recent move to Chicago, steady employment, weekly AA/NA show changed circumstances and sobriety | DCS: Mother failed to verify housing, employment, or treatment; history of unsuccessful services and relapse outweighs short-term improvement | Affirmed — substantial evidence supports reasonable probability conditions will not be remedied |
| Whether termination is in the child’s best interests | Mother: her recent stability and sobriety improvements show termination is not necessary | DCS: CASA and case manager recommend termination; child’s medical needs and need for stable caregivers favor termination | Affirmed — totality of evidence, including professional recommendations, supports termination as in child’s best interests |
Key Cases Cited
- In re K.T.K., 989 N.E.2d 1225 (Ind. 2013) (standards for appellate review of termination orders)
- In re V.A., 51 N.E.3d 1140 (Ind. 2016) (standard for reviewing whether findings support termination)
- In re A.W., 62 N.E.3d 1267 (Ind. Ct. App. 2016) (two-step analysis to identify removal conditions and assess remedy probability)
- In re E.M., 4 N.E.3d 636 (Ind. 2014) (framework for assessing likelihood conditions will be remedied)
- In re A.D.S., 987 N.E.2d 1150 (Ind. Ct. App. 2013) (best-interests analysis and weight of professional recommendations)
- In re C.C., 788 N.E.2d 847 (Ind. Ct. App. 2003) (only one statutory basis in subsection B must be proved)