942 N.E.2d 867
Ind. Ct. App.2011Background
- Father appeals a juvenile court order involuntarily terminating his parental rights to D.B., born May 2002.
- In May 2007, Mother was arrested; LCDCS took D.B. and five siblings into protective custody and placed them with relatives or fathers.
- Father, then residing in South Bend, began visitation and various court-ordered services after being located; Mother pursued reunification services.
- In 2009, ICPC arrangements with Illinois failed; D.B. was removed from Father’s care in January 2009 amid housing/financial instability and a temporary relocation to Illinois.
- LCDCS filed a petition to terminate Father's parental rights in June 2009; a CHINS/termination hearing occurred January 26, 2010; the court terminated rights on April 9, 2010.
- The appellate court reverses, finding the evidence insufficient to support termination and remands for proceedings under prior CHINS orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is a reasonable probability the conditions will not be remedied | Father contends findings on remedy of conditions are inaccurate. | Father argues the court mischaracterized his conduct and the evidence shows change. | Evidence insufficient to prove unremedied conditions. |
Key Cases Cited
- In re K.S., 750 N.E.2d 832 (Ind.Ct.App.2001) (highly deferential standard in termination cases; not reweighing evidence)
- In re D.D., 804 N.E.2d 258 (Ind.Ct.App.2004) (review limited to evidence favorable to judgment; credibility not reweighed)
- In re M.B., 666 N.E.2d 73 (Ind.Ct.App.1996) (parental rights protected but termination allowed to safeguard child)
- In re R.H., 892 N.E.2d 144 (Ind.Ct.App.2008) (termination is last resort when parents fail to meet responsibilities)
- In re G.Y., 904 N.E.2d 1257 (Ind.2009) (clear and convincing standard; failure on any element defeats termination)
- Rowlett v. Vanderburgh Cnty. Office of Family & Children, 841 N.E.2d 615 (Ind.Ct.App.2006) (stability of environment is important but not alone basis for termination)