Termination of the Parent-Child Relationship of J.G. v. Indiana Department of Child Services
4 N.E.3d 814
Ind. Ct. App.2014Background
- Mother has seven children; J.G. and C.G. are the subject of the termination appeal.
- Mother has a long history of drug abuse, mental illness, domestic violence, and incarceration, with DCS involvement since 2001.
- Twins J.G. and C.G. were born while Mother was incarcerated for methamphetamine-related probation violations; CHINS petition filed after birth and the children were removed.
- DCS provided counseling, evaluations, and services; Mother had numerous positive drug tests and missed drug screens over an eight-month period.
- Visitation was hindered by Mother's behavior and ultimately ceased in October 2011 after her arrest for criminal confinement.
- The termination petition was filed October 28, 2011; hearings were held in 2012-2013; the trial court terminated parental rights on March 25, 2013; Mother appealed but failed to file a timely Notice of Appeal; the appeal was dismissed for untimeliness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Mother's appeal timely? | Mother argues timely Notice of Appeal was filed | State argues forfeiture due to untimely Notice of Appeal | Appeal dismissed for untimeliness; forfeiture of appeal |
| Sufficiency of evidence to terminate parental rights | Mother contends she had progressed and could be capable of parenting | Court found no substantial progress and risk of relapse; termination in children's best interests warranted | Evidence supports termination; there is a reasonable probability conditions will not be remedied |
Key Cases Cited
- In re the Involuntary Termination of the Parent-Child Relationship of D.L., 952 N.E.2d 209 (Ind.Ct.App. 2011) (forfeiture when notices of appeal not timely filed; later belated relief not available)
- Sewell v. State, 939 N.E.2d 686 (Ind.Ct.App. 2010) (no jurisdiction to grant belated appeal; appointment of counsel not enough to extend time)
- D.B., 942 N.E.2d 867 (Ind.Ct.App. 2011) (termination standard; appellate deference to trial court findings)
- Bohlander v. Bohlander, 875 N.E.2d 299 (Ind.Ct.App. 2007) (timeliness of appeal is a jurisdictional prerequisite; forfeiture for late filing)
- A.D.S. v. Ind. Dep’t of Child Servs., 987 N.E.2d 1150 (Ind.Ct.App. 2013) (waives some appellate arguments; guidelines on appeal)