Term. of the Parent-Child Rel. of: A.T., Minor Child, M.T., Father v. Indiana Dept. of Child Services
42A04-1203-JT-118
| Ind. Ct. App. | Dec 5, 2012Background
- Father M.T. appeals an involuntary termination of his parental rights to A.T. in Knox Superior Court, case no. 42D01-1008-JT-24.
- A.T. was adjudicated a CHINS in 2009 after concerns of neglect; she was placed in foster care with visitation and services ordered for Father.
- A.T. disclosed sexual abuse by Father; KCDCS substantiated the allegation; Father denied the molestation.
- Father was ordered to undergo sex offender evaluation and treatment; he did not complete the evaluation or secure consistent treatment; housing and income were addressed.
- In 2011, permanency plans toward termination were approved; GAL and case managers expressed concerns about A.T.’s well-being and reunification prospects.
- In February 2012, the trial court terminated Father’s parental rights to A.T.; the court found termination in A.T.’s best interests and that continuing the parent-child relationship posed a threat to her well-being.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Remedy of conditions: threat to well-being | KCDCS showed clear and convincing evidence of a threatened well-being if the relationship continued. | Father argues failure to complete sex offender treatment undermines, but his other efforts negate the threat. | Supported; evidence shows threat to well-being if continued |
| Best interests of the child | Termination is in A.T.’s best interests given prolonged removal and lack of reunification success. | Father contends substantial compliance and feasibility of reunification if given more time. | Supported; termination in best interests |
Key Cases Cited
- In re G.Y., 904 N.E.2d 1257 (Ind. 2009) (clear and convincing standard for termination; process of review)
- In re L.S., 717 N.E.2d 204 (Ind. Ct. App. 1999) (two-tiered standard of review for termination)
- McBride v. Monroe Cnty. Office of Family & Children, 798 N.E.2d 185 (Ind. Ct. App. 2003) (court need not wait until irreparable harm; reunification timelines)
- In re B.D.J., 728 N.E.2d 195 (Ind. Ct. App. 2000) (authority on the Department need not offer services to fix all issues)
- Matter of A.N.J., 690 N.E.2d 716 (Ind. Ct. App. 1997) (standard for reversing termination decisions; 'clear error' review)