In the Termination of the Parent-Child Relationship of: J.B. (Minor Child) and S.B. (Father) v. The Indiana Department of Child Services (mem. dec.), 49A04-1705-JT-1027

J.B., born 2007, was adjudicated CHINS twice (2008 and 2015); removed from mother's care in October 2014 and has been in foster care since.
Father (S.B.) last saw J.B. in 2012 and has been largely incarcerated since 2012; at the April 2017 hearing his release date was mid-2020 (he claimed possible earlier release if he completed programming).
DCS filed to terminate Father’s parental rights in April 2016; juvenile court held an evidentiary hearing April 17, 2017 and terminated Father’s rights on April 25, 2017.
Evidence at the hearing included Father’s admissions of long-term incarceration, a history of criminal convictions (including drug- and property-related felonies), habitual-offender status, and ongoing substance addiction.
The juvenile court found a reasonable probability the conditions leading to removal would not be remedied, that termination was in J.B.’s best interests, and that a satisfactory adoption plan existed; foster parents sought to adopt and witnesses supported adoption.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of evidence of prior arrests/charges not resulting in conviction	DCS relied on Father’s criminal history and related evidence to show habitual patterns of conduct relevant to future parenting ability	Father argued the court abused its discretion by admitting evidence of arrests/charges that did not result in convictions	Admission, if erroneous, was harmless because such evidence was cumulative of other admissible evidence (convictions and Father’s admissions); no reversible error
Sufficiency of evidence to terminate parental rights	DCS argued it proved statutory elements for termination under Ind. Code § 31‑35‑2‑4(b)	Father did not challenge the juvenile court’s findings or sufficiency on appeal	Court affirmed termination; Father did not contest sufficiency and the record supported the statutory factors

Bester v. Lake Cnty. Office of Family & Children, 839 N.E.2d 143 (Ind. 2005) (parental rights are constitutionally protected but may be terminated to protect the child)
In re T.F., 743 N.E.2d 766 (Ind. Ct. App. 2001) (parental rights subordinate to child’s interests; termination appropriate when parent cannot meet responsibilities)
In re Involuntary Termination of Parental Rights of S.P.H., 806 N.E.2d 874 (Ind. Ct. App. 2004) (standard of review for termination findings and judgment)
D.B.M. v. Ind. Dep’t of Child Servs., 20 N.E.3d 174 (Ind. Ct. App. 2014) (trial court’s admission of evidence reviewed for abuse of discretion; erroneous admission requires reversal only if it affected substantial rights)
In re Paternity of H.R.M., 864 N.E.2d 442 (Ind. Ct. App. 2007) (harmlessness standard when trial court is trier of fact)
Witte v. Mundy ex rel. Mundy, 820 N.E.2d 128 (Ind. 2005) (definition and treatment of cumulative evidence)
A.F. v. Marion Cnty. Office of Family & Children, 762 N.E.2d 1244 (Ind. Ct. App. 2002) (courts may consider habitual patterns of conduct, including criminal history and substance abuse, when deciding termination)