Background

• R.B. (minor) has severe medical needs (tracheotomy, gastrostomy, congenital heart defect) requiring 24/7 supervision and ongoing specialist care; Mother was the primary caregiver.
• DCS filed CHINS petitions in 2014 due to concerns over medical neglect and housing instability; Child was removed to foster care and later returned to Mother under services.
• Child was adjudicated a CHINS in September 2014 and again removed in fall 2014 due to housing instability and medical neglect; medical care depended on Mother’s cooperation and resources.
• Mother’s participation in services fluctuated; she completed some therapy but missed multiple medical appointments and some visits, leading to supervised parenting time in spring 2015 and later loss of some services.
• By 2016, Mother’s housing remained unstable, she was not consistently available or accessible for home inspections, and Mother denied DCS access to a new residence prior to the termination hearing.
• DCS filed a termination petition on March 17, 2016; after an August 2016 evidentiary hearing, the juvenile court terminated Mother’s parental rights, finding a reasonable probability that the removal conditions would not be remedied and that termination was in Child’s best interests.

Issues

Key Cases Cited

• In re K.W., 12 N.E.3d 241 (Ind. 2014) (extremity of termination; last resort with proof requirements)
• In re G.Y., 904 N.E.2d 1257 (Ind. 2009) (clear and convincing evidence standard for termination)
• In re A.B., 924 N.E.2d 666 (Ind. Ct. App. 2010) (consideration of parent’s response to offered services)
• In re A.I., 825 N.E.2d 798 (Ind. Ct. App. 2005) (need to consider changed conditions and current circumstances)
• In re C.M., 960 N.E.2d 169 (Ind. Ct. App. 2011) (avoid focusing solely on past conduct; assess current evidence)
• Lang v. Starke Cty. Office of Family and Children, 861 N.E.2d 366 (Ind. Ct. App. 2007) (failure to attend visits demonstrates lack of commitment to preserving parent-child relationship)
• In re V.A., 51 N.E.3d 1140 (Ind. 2016) (reaffirmed deferential review but emphasized scrutinizing findings and evidence)