125 N.E.3d 628
Ind. Ct. App.2019Background
- Child born October 28, 2015, with illegal drugs in her system; DCS filed CHINS petition and Mother admitted to substance use and uncertainty as to paternity.
- Juvenile court ordered services (drug screens, substance-abuse treatment, parenting assessment, supervised visits); Mother repeatedly failed to comply with testing and treatment and had no clean drug screens while the assigned FCM was involved.
- Mother left inpatient treatment early, attended only a few outpatient sessions, changed residences (including moving to Ohio), missed and cancelled appointments, and had unstable housing and inconsistent contact with DCS.
- Visits with Child were sporadic and eventually suspended; Child is bonded with maternal relatives and does not know Mother.
- DCS filed to terminate parental rights on February 15, 2018; factfinding heard May–June 2018. The juvenile court admitted two drug-test affidavits over Mother’s hearsay objection, then issued findings terminating Mother’s parental rights on November 2, 2018.
- On appeal Mother argued the drug-test affidavits were inadmissible hearsay and that evidence was insufficient to show the conditions leading to removal would not be remedied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of lab affidavits (drug test results) | Affidavits were hearsay and unreliable; lab tech not present for cross-examination | Results fit business-records exception and were admissible | Court: Affidavits were not business records and admission was error, because lab did not "depend" on those records for its business; admission required live testimony or proper exception |
| Harmlessness of improperly admitted evidence | Admission of affidavits likely affected outcome | Independent testimony (FCM and other evidence) supported same findings | Court: Error was harmless—substantial independent evidence supports termination |
| Sufficiency re: remedy of conditions leading to removal | Mother argued insufficient proof that conditions (substance abuse, instability, noncompliance) would not be remedied; challenged several factual findings | DCS pointed to Mother’s long-term noncompliance with services, positive tests, unstable housing, and lack of visitation | Court: Clear and convincing evidence shows reasonable probability conditions will not be remedied; findings upheld (excluding the inadmissible affidavits) |
Key Cases Cited
- K.T.K. v. Ind. Dep’t of Child Servs., 989 N.E.2d 1225 (Ind. 2013) (standard of review and statutory requirements for termination petitions)
- Bester v. Lake Cty. Office of Family & Children, 839 N.E.2d 143 (Ind. 2005) (showing threat to child’s development by clear and convincing evidence suffices for termination)
- In re Term. of Parent-Child Relationship of E.T., 808 N.E.2d 639 (Ind. 2004) (business-records exception reliability analysis and limits)
- B.H. v. Ind. Dep’t of Child Servs., 989 N.E.2d 355 (Ind. Ct. App. 2013) (standard for reversing trial-court evidentiary rulings)