In the Matter of the Termination of the Parent-Child Relationship of M.R. & L.R. (Children) and K.M. (Father) & A.R. (Mother) A.R. (Mother) v. The Indiana Department of Child Services (mem. dec.)
91A02-1705-JT-1196
| Ind. Ct. App. | Oct 10, 2017Background
- Mother (A.R.) and Father had two children removed in Feb 2015 after unstable housing, lack of supplies, and domestic disturbances; children placed in foster care and adjudicated CHINS.
- Mother received dispositional orders requiring parenting/domestic-violence assessments, stable housing/employment, random drug screens, and participation in services; she partially engaged and later served jail time after felony convictions.
- DCS filed petitions to terminate parental rights in Sept 2016; by the termination hearing Mother had intermittent compliance: sporadic work history, multiple moves, and inconsistent participation in case management, therapy, and supervised visits.
- FCM observed poor home conditions, minimal furnishings/food, and Mother tested positive for cocaine and opiates about a week before the termination hearing.
- Trial court found by clear and convincing evidence that there was a reasonable probability the removal conditions would not be remedied and that termination was in the children’s best interests; appellate court affirmed.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (DCS) | Held |
|---|---|---|---|
| Whether conditions leading to removal are likely to be remedied | Mother argued she obtained housing and employment and had a bond with the children, so conditions could be remedied | DCS argued Mother showed a pattern of instability (housing, employment), substance use, criminal activity, and noncompliance with services | Court held DCS proved a reasonable probability conditions would not be remedied; affirmed |
| Whether continuation of parent-child relationship posed a threat | Mother argued continued relationship and visitation showed no threat | DCS argued ongoing instability and domestic-violence history threatened children’s well-being | Court relied on remedy prong and did not need to decide threat prong |
| Whether termination was in children’s best interests | Mother argued bond and attempts to maintain father relationship supported preservation | DCS argued children had been in stable foster care for two years, receiving services Mother did not provide, and needed stability | Court held termination was in children’s best interests; affirmed |
| Whether trial court erred by weighing credibility or reweighing evidence | Mother urged appellate review of credibility findings and circumstances at hearing | DCS urged deference to trial court’s credibility and fact findings | Court declined to reweigh and gave deference to trial court; findings supported judgment |
Key Cases Cited
- In re K.S., D.S., & B.G., 750 N.E.2d 832 (Ind. Ct. App. 2001) (standard for termination review)
- In re D.D., 804 N.E.2d 258 (Ind. Ct. App. 2004) (appellate court will not reweigh evidence or judge credibility)
- In re L.S., 717 N.E.2d 204 (Ind. Ct. App. 1999) (deference to juvenile court and statute’s disjunctive prongs)
- In re G.Y., 904 N.E.2d 1257 (Ind. 2009) (clear-and-convincing burden in termination cases)
- Bester v. Lake Cty. Office of Family & Children, 839 N.E.2d 143 (Ind. 2005) (two-tiered review when findings and conclusions are entered)
- Lang v. Starke County Office of Family & Children, 861 N.E.2d 366 (Ind. Ct. App. 2007) (pattern of noncompliance shows probability conditions won’t change)
- In re A.B., 924 N.E.2d 666 (Ind. Ct. App. 2010) (judge parent’s fitness at time of termination hearing)
- In re C.C., 788 N.E.2d 847 (Ind. Ct. App. 2003) (consider changes during proceedings but evaluate habitual patterns)