In the Termination of the Parent-Child Relationship of: W.W. & C.W. (Minor Children), and M.W. (Father) v. The Indiana Department of Child Services (mem. dec.), 55A01-1702-JT-225

Father (M.W.) is the adoptive parent of two children, W.W. (b. 2003) and C.W. (b. 2004); children were removed from their mother/stepfather and initially placed with Father in Sept. 2014.
On Sept. 27, 2014, Father drove under the influence, causing a serious accident that injured the children; DCS removed the children from Father’s care on Sept. 28, 2014, and the court adjudicated the children CHINS.
The dispositional order required Father to engage in counseling, complete a substance-abuse assessment and recommended treatment, submit to random screens, and participate in visitation.
From late 2014 through 2016 Father minimally engaged: brief / unsuccessful therapy, refused recommended intensive treatment and releases, failed to complete random drug screens, visited only sporadically and then voluntarily stopped visits in Dec. 2015, and wrote a July 2016 letter expressing desire to relinquish parental rights.
Father has criminal history and substance problems (convicted of Level 6 OWI; assessor diagnosed moderate–severe alcohol abuse, mild cannabis abuse, PTSD, antisocial personality disorder). Children have lived with a step-grandfather and are thriving; he plans to adopt.
DCS petitioned to terminate Father’s parental rights; after multi-day hearings the trial court terminated parental rights; the Court of Appeals affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether termination is supported by clear and convincing evidence that it is in the children’s best interests	DCS: Father’s prolonged noncompliance, ongoing substance issues, lack of visitation, statements he didn’t want to parent, and stable adoptive placement show termination is in children’s best interests	Father: He participated in some treatment/supervision through probation, is receiving psychiatric care, now wants to keep the children, has a stable home, and DCS did not try to dissuade him when he stopped services	Court affirmed: record shows nearly two years of failure to comply, refusal of recommended treatment, cessation of visits, and statements abandoning parenting — clear and convincing evidence that termination is in children’s best interests

K.T.K. v. Ind. Dep’t of Child Servs., 989 N.E.2d 1225 (Ind. 2013) (standard of review and burdens in termination proceedings)
Bester v. Lake Cty. Office of Family & Children, 839 N.E.2d 143 (Ind. 2005) (showing threat to child’s emotional and physical development is sufficient for termination)