In the Matter of the Termination of the Parent-Child Relationship of J.B., and K.B., the Minor Children: I.B. (Mother) and R.B. (Father) v. Indiana Department of Child Services (mem. dec.)
40A01-1702-JT-429
Ind. Ct. App.Dec 12, 2017Background
- Parents (I.B. and R.B.) had two sons, removed from the home in 2013 after unsafe conditions and positive drug tests; DCS obtained wardship and ordered parenting, substance-abuse, and psychological services.
- Children were developmentally delayed in foster care; they progressed in foster care but regressed after supervised visits with parents.
- Parents completed assessments and multiple psychological evaluations showing cognitive deficits, mental-health diagnoses, and ongoing parenting deficits; evaluators found little emotional bond and poor parenting interactions.
- Parents briefly regained custody for a trial home visit in 2014 but lost progress; children returned to foster care and bonded with foster parents.
- DCS filed to terminate parental rights in June 2016; the juvenile court terminated rights in January 2017 and later issued an amended order finding a reasonable probability continuation of the relationship posed a threat, termination was in the children’s best interests, and adoption was the plan.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports termination because continuation of the parent-child relationship poses a threat to the children’s well-being (Ind. Code § 31-35-2-4(b)(2)(B)(ii)) | DCS: parents’ long-standing, unremedied parenting deficits and supervisors’ testimony show continuation poses a threat | Parents: evidence relied on outdated reports; more recent provider testimony shows improved life skills and changed conditions | Held: Affirmed. Court found sufficient evidence (supervisors’ testimony, evaluators’ reports, observed regressions after visits) that continuation posed a threat |
| Whether termination was supported despite parents’ cognitive/mental disabilities | DCS: disabilities considered alongside unwillingness or inability to parent; not sole basis for termination | Parents: mental disability alone cannot justify termination | Held: Court recognized disability but concluded termination was for failure/inability to parent, not disability alone |
| Whether the reports were too old to support termination | Parents: many key reports were 9 months–3 years old at hearings; more recent evidence favors parents | DCS: reports show timeline and persistent problems; contemporaneous testimony corroborated findings | Held: Court rejected the ‘‘outdated reports’’ claim — viewed reports as probative and corroborated by supervisors’ recent testimony |
| Whether termination is in the children’s best interests and there is a satisfactory plan | Parents: conceded best interests and plan contested only on other grounds | DCS: adoption by foster parents is appropriate plan and in children’s best interests | Held: Court accepted parties’ concession, found termination in children’s best interests and adoption a satisfactory plan |
Key Cases Cited
- In re K.T.K., 989 N.E.2d 1225 (Ind. 2013) (standard of review for termination appeals — do not reweigh evidence or judge credibility)
- In re V.A., 51 N.E.3d 1140 (Ind. 2016) (requirement that findings be supported by clear and convincing evidence)
- In re C.C., 788 N.E.2d 847 (Ind. Ct. App. 2003) (interpretation of statutory disjunctive grounds for termination)
- Egly v. Blackford Cty. Dep’t of Pub. Welfare, 592 N.E.2d 1232 (Ind. 1992) (mental disability alone is not a proper ground for terminating parental rights; can be considered when it prevents fulfillment of parental duties)