T.D. v. Indiana Department of Child Services
27 N.E.3d 1185
| Ind. Ct. App. | 2015Background
- DCS filed CHINS petitions for the Children; court adjudicated them CHINS and ordered parenting services, supervised visitation, and drug screens.
- DCS later filed a petition to terminate parental rights; a temporary suspension of services occurred in 2013, then reinstated.
- In 2014 the second and timely petition to terminate parental rights was granted after a fact-finding hearing.
- Trial court found the Children had been removed from the Parents for at least 15 of the 22 months immediately preceding the termination hearing.
- Parents argued the 15/22 month waiting period should be tolled during periods when DCS suspended services.
- Evidence showed the Parents were unemployed, homeless during CHINS, and failed to cooperate with available services.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 15-of-22-month waiting period is tolled while DCS suspends services | Parents: waiting period tolled due to suspended services | DCS: waiting period unconditioned by service delivery | Waiting period not tolled; statute unambiguous and requires 15 of 22 months regardless of services |
Key Cases Cited
- S.E.S. v. Grant Cnty. Dep’t of Welfare, 594 N.E.2d 447 (Ind. 1992) (DCS not required to plead and prove services offered to parent)
- In re E.E., 736 N.E.2d 791 (Ind. Ct. App. 2000) (failure to provide services does not negate termination statute)
- Elkins v. Marion Cnty. Office of Family & Children, 736 N.E.2d 791 (Ind. Ct. App. 2000) (complete failure to provide services cannot attack termination order)
- Stone v. Daviess Cnty. Div. of Children & Family Servs., 656 N.E.2d 824 (Ind. Ct. App. 1995) (services provision not a basis to attack termination)