In the Matter of the Termination of the Parent-Child Relationship of Ad.C. and Al.C., Minor Children, C.C., Sr., Father, and T.C., Mother v. The Indiana Department of Child Services (mem. dec.)
45A04-1706-JT-1363
| Ind. Ct. App. | Dec 19, 2017Background
- In October 2012 parents' infant C.C., Jr. suffered severe non-accidental head injuries and died; Father was later criminally convicted of offenses including neglect of a dependent and battery resulting in death and sentenced to ~29.5 years.
- Older child Ad.C. (then 15 months) and sibling A. were removed in Oct. 2012; Ad.C. was placed with maternal grandparents and remained out of parental care for years. Mother briefly regained custody in 2013 but children were removed again after further abuse allegations.
- Mother gave birth to Al.C. in Aug. 2014; Al.C. was removed at birth and placed with a foster family (and briefly with a third party) due to safety concerns given ongoing DCS involvement and Father’s alleged role in C.C., Jr.’s death.
- DCS filed petitions to terminate both parents’ rights to Ad.C. (Dec. 2014) and Al.C. (Mar. 2016). Termination hearing occurred April–May 2017; parents presented testimony, providers and DCS witnesses recommended termination.
- The trial court terminated both parents’ rights, finding (inter alia) a reasonable probability the conditions causing removal would not be remedied, termination was in the children’s best interests, and adoption by current caregivers was a satisfactory plan.
Issues
| Issue | Plaintiff's Argument (DCS) | Parents' Argument | Held |
|---|---|---|---|
| Whether the conditions leading to removal will not be remedied | Conditions (Father’s role in infant’s death, Mother’s refusal to accept that, inconsistent engagement in services) persist; remedy unlikely | Father: completed services, positioned to support children; Mother: divorced Father, working, in therapy and improved | Court: Termination affirmed — clear and convincing evidence supports finding conditions unlikely to be remedied |
| Whether continuation of parent-child relationship poses threat to children's well‑being | Continued parental deficiencies and Mother’s failure to protect children posed risk | Parents: argued continuation would not threaten children and sought placement alternatives (e.g., Father’s sister) | Court: Also supported finding of threat, but relied primarily on remedy prong; termination appropriate |
| Whether termination is in the children’s best interests | Children have achieved stability and permanency in current placements; providers and caseworker recommend adoption | Parents: argued termination not in children's best interests and sought preservation of relationship | Court: Best‑interests finding supported by totality of evidence (need for permanency, bonding, caregivers’ reports) |
| Whether there was a satisfactory plan for care and treatment after termination | Plan: adoption by grandparents for Ad.C. and by foster parents for Al.C. | Father challenged sufficiency; Mother conceded plan was satisfactory | Court: Adoption is a satisfactory, permissible plan; finding supported |
Key Cases Cited
- In re G.Y., 904 N.E.2d 1257 (Ind. 2009) (clear-and-convincing burden in termination cases)
- In re E.M., 4 N.E.3d 636 (Ind. 2014) (two-step remedy-of-conditions analysis; deference to trial court on credibility)
- K.T.K. v. Ind. Dep’t of Child Servs., 989 N.E.2d 1225 (Ind. 2013) (trial-court findings reviewed under Trial Rule 52(A))
- In re N.Q., 996 N.E.2d 385 (Ind. Ct. App. 2013) (courts may consider continued bases for placement in termination analysis)
- In re A.H., 832 N.E.2d 563 (Ind. Ct. App. 2005) (parent may participate in services yet fail to benefit)
- McBride v. Monroe Cty. Office of Family & Children, 798 N.E.2d 185 (Ind. Ct. App. 2003) (children’s need for permanency is central in best-interest inquiry)
- In re A.S., 17 N.E.3d 994 (Ind. Ct. App. 2014) (case manager recommendations plus remedy findings can establish best interests)
- In re B.M., 913 N.E.2d 1283 (Ind. Ct. App. 2009) (adoption is a satisfactory plan)
- In re A.N.J., 690 N.E.2d 716 (Ind. Ct. App. 1997) (adoption as appropriate plan post-termination)
- In re Termination of Parent-Child Relationship of D.D., 804 N.E.2d 258 (Ind. Ct. App. 2004) (plan need not be detailed; general direction suffices)
- K.E. v. Ind. Dep’t of Child Servs., 39 N.E.3d 641 (Ind. 2015) (incarceration and release date considered with other evidence in remedy analysis)