In the Term. of the Parent-Child Relationship of: R.P., C.P. and A.A. (Minor Children), and L.B. (Mother) v. The Ind. Dept. of Child Services (mem. dec.)
48A02-1603-JT-482
| Ind. Ct. App. | Dec 7, 2016Background
- Mother (L.B.) admitted CHINS after children were removed when Mother was arrested for burglary while youngest child A.A. was with her; children placed in foster care in Aug 2013 and remained out of home.
- DCS offered reunification services (home-based casework/therapy, substance-evaluation, random drug screens, supervised visitation); Mother’s participation was sporadic and she stopped engaging in Nov 2014.
- Mother has a criminal history, probation/house-arrest violations, and left town twice to evade law enforcement, resulting in incarceration and interruptions in services and visitation.
- Mother later showed short-term improvement while on work release/house arrest (stable employment at Subway, GED classes, no recent failed drug tests, paid rent, completed classes), but these efforts began only months before termination proceedings.
- DCS petitioned to terminate parental rights in May 2015; juvenile court found Mother failed to remedy stability, substance, mental-health, and visitation issues and concluded termination was in the children’s best interests.
- Court of Appeals affirmed termination, concluding DCS proved by clear and convincing evidence a reasonable probability the conditions leading to removal would not be remedied and termination served the children’s best interests; one judge dissented focusing on lack of findings about Mother’s changed circumstances.
Issues
| Issue | Mother’s Argument | DCS’s Argument | Held |
|---|---|---|---|
| Whether evidence supports finding a reasonable probability the conditions leading to removal will not be remedied | Mother argued the court failed to consider her recent, concrete improvements on work release/house arrest (employment, GED classes, negative drug tests, rented home) and thus termination was premature | DCS argued Mother’s historical pattern—criminal conduct, substance abuse, repeated instability, failure to engage in services for years, and leaving to evade authorities—outweighed short-term improvements and showed low likelihood of remediation | Affirmed: court may weigh long-term patterns over last-minute improvements; evidence supported finding remediation unlikely |
| Whether continuation of parent-child relationship posed a threat to children’s well-being | Mother disputed threat finding implicitly by emphasizing her recent stability | DCS relied on CASA and case manager testimony that continuation would harm children given instability and children’s improved functioning in foster care | Court accepted CASA and case manager recommendations; but disposition rested on remedy prong, so threat prong not required to be decided |
| Whether termination was in children’s best interests | Mother argued permanency should await full consideration of her recent rehabilitation efforts | DCS emphasized children’s need for stability, long foster placement, lack of visitation since Nov 2014, and professional recommendations for termination | Held: termination was in children’s best interests based on totality of evidence, permanency concerns, and professional recommendations |
| Whether juvenile court erred by focusing on historical conduct without specific findings on current fitness | Mother argued court failed to make findings on changed conditions and current fitness, making decision unclear | DCS argued court permissibly discounted recent efforts made under confinement and weighed overall history | Held: Majority found court adequately considered timing and context of Mother’s improvements and did not err; dissent would remand for findings on current remediation efforts |
Key Cases Cited
- In re C.G., 954 N.E.2d 910 (Ind. 2011) (standard of review for termination appeals and two-tiered review of findings and judgment)
- In re K.W., 12 N.E.3d 241 (Ind. 2014) (termination as last resort; framework for involuntary termination)
- K.T.K. v. Ind. Dep’t of Child Servs., 989 N.E.2d 1225 (Ind. 2013) (courts may discount last-minute parental efforts and weigh historical conduct)
- In re G.Y., 904 N.E.2d 1257 (Ind. 2009) (necessity of considering child’s permanency needs in best-interest analysis)
- In re A.S., 17 N.E.3d 994 (Ind. Ct. App. 2014) (case manager and CASA recommendations plus evidence of unremedied conditions can support best-interest finding)