The Termination of the Parent-Child Relationship of E.H. (Child) and R.H. (Father) and K.G. (Mother) R.H. (Father), and K.G. (Mother) v. The Indiana Department of Child Services (mem. dec.), 32A05-1706-JT-1161

Child born July 28, 2011; DCS removed Child from Parents on March 25, 2015 after parents tested positive for illegal drugs and had domestic violence history. Child has remained with maternal grandmother.
DCS filed CHINS petition; Father admitted CHINS; both parents were adjudicated CHINS and subject to parental-participation and dispositional decrees requiring substance-abstinence, random drug screens, stable housing and income, completion of substance-abuse and domestic-violence programs, and visitation.
Parents had intermittent compliance: periods where they were unreachable, missed visitation and family meetings, relapses to illegal drug use, refusal of drug screens, and transient housing (including living in a van).
Father started but failed to complete recommended programs; Mother completed an inpatient substance program but did not follow recommended outpatient treatment and did not complete domestic-violence treatment.
After over a year of inconsistent progress, DCS petitioned to involuntarily terminate parental rights; the trial court held fact-finding hearings in January 2017 and terminated parental rights on May 2, 2017.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether DCS proved a reasonable probability the conditions leading to removal will not be remedied	DCS: Parents had repeated relapses, failed to complete services, were often unreachable, and had ongoing domestic-violence issues, demonstrating a pattern making remedial change unlikely	Parents: Argued mostly compliant and blamed DCS for failures to comply with decrees	Court: Affirmed — clear and convincing evidence supports reasonable probability conditions will not be remedied; termination appropriate

In re K.S., D.S., & B.G., 750 N.E.2d 832 (Ind. Ct. App. 2001) (standards for reviewing termination orders)
In re D.D., 804 N.E.2d 258 (Ind. Ct. App. 2004) (appellate court will not reweigh evidence or judge witness credibility)
In re L.S., 717 N.E.2d 204 (Ind. Ct. App. 1999) (deference to juvenile court and sufficiency when statute is disjunctive)
In re G.Y., 904 N.E.2d 1257 (Ind. 2009) (State must prove termination elements by clear and convincing evidence)
Bester v. Lake Cty. Office of Family & Children, 839 N.E.2d 143 (Ind. 2005) (two-tiered review when specific findings and conclusions are entered)
Lang v. Starke Cty. OFC, 861 N.E.2d 366 (Ind. Ct. App. 2007) (pattern of noncompliance supports reasonable probability of nonremediation)
In re A.B., 924 N.E.2d 666 (Ind. Ct. App. 2010) (fitness judged as of termination hearing)