In the Termination of the Parent-Child Relationship of: C.B. (Minor Child), T.J. (Mother) v. Indiana Department of Child Services (mem. dec.)
35A02-1611-JT-2548
| Ind. Ct. App. | Jun 23, 2017Background
- Mother gave birth to C.B. in March 2013; in June 2014 DCS removed the child after discovering an active meth lab in the home and no utilities; Mother was arrested.
- Mother was charged with dealing methamphetamine, pleaded guilty, and entered a deferred sentence requiring residential drug treatment; she was later discharged for substance use and sentenced to 20 years (8 executed, 12 suspended).
- CHINS adjudication occurred in February 2015; the CHINS court set reunification expectations (contacts with DCS, parenting assessment, therapy, anger management, substance treatment).
- DCS filed to terminate Mother’s parental rights in January 2016; after an evidentiary hearing the trial court terminated Mother’s rights in October 2016.
- Mother conceded most statutory grounds (reasonable probability conditions will not be remedied; threat to child; satisfactory plan) and challenged only whether termination was in the child’s best interests.
- The trial court relied on testimony (family case manager and guardian ad litem) and Mother’s history of unstable housing and uncontrolled substance abuse to find termination served the child’s best interests; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination is in the child’s best interests | DCS: Totality of evidence (history of unsafe home, substance abuse, need for permanency) supports termination | Mother: She may be released early (possibly 2018), will have housing and employment, and continued foster placement would not harm the child | Affirmed — termination is in the child’s best interests based on historical instability, ongoing substance issues, and testimony favoring adoption |
Key Cases Cited
- Bester v. Lake Cnty. Ofc. of Family & Children, 839 N.E.2d 143 (Ind. 2005) (two-tier review where trial court issues special findings)
- R.Y. v. Indiana Dep’t of Child Servs. (In re G.Y.), 904 N.E.2d 1257 (Ind. 2009) (burden of proof in termination is clear and convincing evidence)
- A.S. v. Indiana Dep’t of Child Servs. (In re A.K.), 924 N.E.2d 212 (Ind. Ct. App. 2010) (totality of the evidence and child’s need for permanency inform best-interests determination)
- Castro v. State Office of Family & Children, 842 N.E.2d 367 (Ind. Ct. App. 2006) (historical inability to provide housing, stability, supervision supports termination)
- Bailey v. Tippecanoe Div. of Family & Children (In re M.B.), 666 N.E.2d 73 (Ind. Ct. App. 1996) (parental rights are constitutionally protected but subordinate to child’s welfare)