In the Matter of the Termination of the Parental Rights of: M-1.C., M-n.C. & M.E.C. (Minor Children) and N.E. (Mother) and M.C. (Father) v. Indiana Department of Child Services (mem. dec.)
53A05-1706-JT-1264
| Ind. Ct. App. | Jan 11, 2018Background
- Parents (Mother N.E. and Father M.C.) have three children (twins b. 2013; another b. 2014); children were removed after police found drugs (marijuana, crack), pills, and loaded guns in the parents’ bedroom and children had access to marijuana.
- DCS adjudicated the children CHINS, placed them in foster care (pre-adoptive home), and ordered services: counseling, substance-abuse assessment/treatment, random drug screens, and supervised visits.
- Mother repeatedly tested positive for marijuana (and twice for heroin), attended limited therapy, moved to Michigan without notifying DCS or transferring services, and ceased visiting the children after June 2016.
- Father refused services pre-incarceration, continued illegal drug activity, was arrested with significant narcotics and a stolen gun, later convicted of dealing a narcotic and sentenced to IDOC (projected release years later), and has not engaged in services while incarcerated.
- DCS filed termination petitions in August 2016; after a February 2017 hearing the trial court found clear and convincing evidence of statutory termination grounds, that termination was in the children’s best interests, and that adoption was a satisfactory plan.
Issues
| Issue | Plaintiff's Argument (DCS) | Defendant's Argument (Parent) | Held |
|---|---|---|---|
| Whether there is a reasonable probability the conditions leading to removal will not be remedied | Parents failed drug tests, failed to engage in services, and did not remedy unsafe home conditions | Mother: asserted she became drug-free after moving to Michigan and that DCS ignored her transfer requests; Father: argued termination rested solely on incarceration and compared to compliant incarcerated parent in K.E. | Trial court: sufficient evidence parent conduct/habitual pattern shows reasonable probability conditions will not be remedied; affirmed |
| Whether continuation of the parent-child relationship poses a threat to children’s well-being | Continuation risks due to ongoing substance abuse, instability, and lack of parental engagement | Father argued insufficiency — relied principally on incarceration | Court did not need to reach this when other statutory ground satisfied; overall held grounds met |
| Whether termination is in the children’s best interests | Children were thriving in pre-adoptive foster home; DCS and CASA recommended termination; parents did not prioritize children | Parents urged preservation of parental rights and argued available alternatives/services | Court concluded termination served children’s best interests (parents’ interests subordinated) |
| Whether a satisfactory plan for care exists | Adoption plan in place for pre-adoptive foster home | Parents argued service-transfer issues and potential for future rehabilitation | Court found adoption a satisfactory plan; affirmed termination |
Key Cases Cited
- In re K.T.K., 989 N.E.2d 1225 (Ind. 2013) (standard of review and two-step analysis for whether conditions leading to removal will be remedied)
- In re V.A., 51 N.E.3d 1140 (Ind. 2016) (review standard for termination findings)
- In re A.D.S., 987 N.E.2d 1150 (Ind. Ct. App. 2013) (totality-of-the-evidence best-interests analysis; DCS/CASA recommendations weigh in favor)
- K.E. v. Indiana Dept. of Child Servs., 39 N.E.3d 641 (Ind. 2015) (distinguishable precedent where incarcerated father complied with services and maintained relationship)
- In re I.A., 903 N.E.2d 146 (Ind. Ct. App. 2009) (subsection (B) disjunctive—only one statutory ground required)
- Maldem v. Arko, 592 N.E.2d 686 (Ind. 1992) (unchallenged trial-court findings are accepted as true)