In the Matter of the Termination of the Parent-Child Relationship of: I.B., B.B., and W.B. and M.T. v. The Indiana Department of Child Services (mem. dec.)

MEMORANDUM DECISION
Feb 13 2015, 9:33 am
Pursuant to Ind. Appellate Rule 65(D), this
Memorandum Decision shall not be regarded as
precedent or cited before any court except for the
purpose of establishing the defense of res judicata,
collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEY FOR APPELLEE
Kristin R. Willadsen Gregory F. Zoeller
Muncie, Indiana Attorney General of Indiana

Robert J. Henke
David E. Corey
Deputy Attorneys General
Indianapolis, Indiana

IN THE
COURT OF APPEALS OF INDIANA

In the Matter of the Termination February 13, 2015
of the Parent-Child Relationship Court of Appeals Case No.
of: I.B., B.B., and W.B. 18A02-1406-JT-446
Appeal from the Delaware Circuit
and Court
M.T., The Honorable Kimberly S. Dowling
The Honorable Brian Pierce
Appellant-Respondent, Cause Nos. 18C02-1308-JT-21
18C02-1308-JT-22
v. 18C02-1308-JT-23

The Indiana Department of Child
Services,
Appellee-Petitioner

Bailey, Judge.
 Case Summary
[1] M.T. (“Mother”) appeals the termination of her parental rights to I.B., B.B.,

and W.B. (“the Children”), upon the petition of the Delaware County

Department of Child Services (“the DCS”). She presents the sole issue of

whether the DCS established, by clear and convincing evidence, the requisite

statutory elements to support the termination decision. We affirm.

Facts and Procedural History
[2] In 2011, the Children were adjudicated Children in Need of Services

(“CHINS”), partially because of Mother’s abuse of alcohol. Mother

participated in services and the Children were returned to her care in December

of 2011. On November 16, 2012, Mother was arrested after her two-week

drinking binge caused one of the Children to contact relatives. The DCS placed

the Children with family members1 and, on November 26, 2012, the Children

were again found to be CHINS.

[3] Mother participated in some alcohol treatment services, but continued to

relapse. During the pendency of the CHINS proceedings, Mother was arrested

five times. Also, the DCS received reports that Mother had twice been

admitted, in an intoxicated state, to a local hospital.

1
Father was incarcerated on a driving while intoxicated charge.

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[4] On August 12, 2013, DCS family case manager Susan Brown (“Brown”) went

to Mother’s home and found her intoxicated. Mother admitted having been on

a drinking binge for two and one-half days. The next day, the DCS petitioned

to terminate Mother’s parental rights.

[5] On April 11, 2014, an evidentiary hearing was conducted. Mother was not

present. On May 23, 2014, the trial court entered findings of fact, conclusions

of law, and orders terminating Mother’s parental rights. 2 She now appeals.

Discussion and Decision
Standard of Review
[6] Our standard of review is highly deferential in cases concerning the termination

of parental rights. In re K.S., 750 N.E.2d 832, 836 (Ind. Ct. App. 2001). This

Court will not set aside the trial court’s judgment terminating a parent-child

relationship unless it is clearly erroneous. In re A.A.C., 682 N.E.2d 542, 544

(Ind. Ct. App. 1997). When reviewing the sufficiency of the evidence to

support a judgment of involuntary termination of a parent-child relationship,

we neither reweigh the evidence nor judge the credibility of the witnesses. Id.

We consider only the evidence that supports the judgment and the reasonable

inferences to be drawn therefrom. Id.

2
By this time, the DCS plan for the Children was reunification with their father.

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 Requirements for Involuntary Termination of Parental Rights
[7] Parental rights are of a constitutional dimension, but the law provides for the

termination of those rights when the parents are unable or unwilling to meet

their parental responsibilities. Bester v. Lake Cnty. Office of Family & Children, 839

N.E.2d 143, 147 (Ind. 2005). The purpose of terminating parental rights is not

to punish the parents, but to protect their children. In re L.S., 717 N.E.2d 204,

208 (Ind. Ct. App. 1999), trans. denied.

[8] Indiana Code section 31-35-2-4(b)(2) sets out the elements that the DCS must

allege and prove by clear and convincing evidence in order to terminate a

parent-child relationship:

(A) that one (1) of the following is true:

(i) The child has been removed from the parent for at least six (6)
months under a dispositional decree.
(ii) A court has entered a finding under IC 31-34-21-5.6 that
reasonable efforts for family preservation or reunification are not
required, including a description of the court’s finding, the date of the
finding, and the manner in which the finding was made.
(iii) The child has been removed from the parent and has been
under the supervision of a local office or probation department for at
least fifteen (15) months of the most recent twenty-two (22) months,
beginning with the date the child is removed from the home as a result
of the child being alleged to be a child in need of services or a
delinquent child;
(B) that one (1) of the following is true:
(i) There is a reasonable probability that the conditions that
resulted in the child’s removal or the reasons for placement outside the
home of the parents will not be remedied.
(ii) There is a reasonable probability that the continuation of the
parent-child relationship poses a threat to the well-being of the child.
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 (iii) The child has, on two (2) separate occasions, been adjudicated
a child in need of services;

(C) that termination is in the best interests of the child; and
(D) that there is a satisfactory plan for the care and treatment of the
child.
[9] If the court finds that the allegations in a petition described above are true, the

court shall terminate the parent-child relationship. I.C. § 31-35-2-8(a). A trial

court must judge a parent’s fitness to care for his or her child at the time of the

termination hearing, taking into consideration evidence of changed conditions.

In re J.T., 742 N.E.2d 509, 512 (Ind. Ct. App. 2001), trans. denied. The trial

court must also “evaluate the parent’s habitual patterns of conduct to determine

the probability of future neglect or deprivation of the child.” Id.

Analysis
[10] Mother contends that insufficient evidence supports the termination decision.

She does not challenge the trial court’s determinations pursuant to Sections 31-

35-2-4(b)(2)(A) (removal from parent), (C) (best interests), or (D) (satisfactory

plan). She challenges the determinations relating to Sections 31-35-2-4(b)(2)(B)

(reasonable probability conditions will not be remedied or relationship poses a

threat to child’s well-being).

[11] Indiana Code section 31-35-2-4(b)(2)(B) is written in the disjunctive, and

therefore the court needed only to find that one of the three requirements of

subsection (b)(2)(B) had been established by clear and convincing evidence. See

L.S., 717 N.E.2d at 209. Here, Mother presents an argument only as to

whether the DCS established, by clear and convincing evidence, that there is a
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 reasonable probability that the conditions resulting in the removal or reasons for

placement outside the home will not be remedied. See I.C. § 31-35-2-

4(b)(2)(B)(i). The relevant statute does not simply focus on the initial basis for

removal for purposes of determining whether a parent’s rights should be

terminated, “but also those bases resulting in the continued placement outside

the home.” In re A.I., 825 N.E.2d 798, 806 (Ind. Ct. App. 2005), trans. denied.

[12] Initially, the DCS removed the Children from Mother’s care because of

Mother’s alcohol abuse. Brown testified that one of the Children had called a

relative to complain that Mother had been drinking daily and driving them

around while she was intoxicated. The Children reported being fearful. When

the DCS became involved, the Children’s father was in jail. During the CHINS

proceedings, Mother was arrested on five occasions. Some, if not all, of the

arrests took place while Mother was intoxicated.

[13] Mother availed herself of some of the services offered to her, but continued to

struggle with alcohol abuse. Al Adams (“Adams”), an addictions counselor

who saw Mother in 2011, testified that he had insisted upon Mother going to an

intensive outpatient program but she “had repeated relapses.” (Tr. 27.) She

was then referred to and admitted for inpatient treatment at Turning Point. She

completed an aftercare group program on January 9, 2012. Adams testified

that he began to work with Mother again in May of that year, but she had both

“repeated relapses” and “drug screens that she was positive on.” (Tr. 28.) He

again referred Mother for inpatient treatment. She went to Tara Treatment

Center in September of 2013. Less than one month after her discharge, Mother

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 tested positive for alcohol. After warnings and confrontations regarding

Mother’s repeated relapses and perceived dishonesty, Adams discontinued

working with her.

[14] Therapist Lacey Dewsbury (“Dewsbury”), who had provided services to

Mother and the Children, testified that Mother had shown a “lack of progress

in showing stability and changing her patterns of unstable relationships [and]

impulsive choices.” (Tr. 34.) According to Dewsbury, Mother had engaged in

a pattern of lying that had damaged her family relationships to the extent that

the Children would try to be polite but “no longer wanted to address things.”

(Tr. 35.) For those reasons, family therapy was stopped. Mother had also

reported to Dewsbury that Mother had elected to discontinue taking prescribed

medication to treat her borderline personality disorder.

[15] Muncie Police Officer Damon Stovall testified that he encountered Mother at

the Ball Memorial Hospital emergency room on December 6, 2013. Mother

appeared injured and intoxicated; she requested that Officer Stovall not tell

Brown about the hospitalization. Muncie Police Officer Christopher Duncan

testified that he had summoned emergency services for Mother, after she had

allegedly been battered by a friend’s husband after they had drank alcohol

together and tempers flared. Officer Duncan secured Mother’s vehicle and

found a bottle of alcohol in it, along with several prescription bottles.

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[16] The DCS presented sufficient evidence from which the trial court could

conclude that there was a reasonable probability that the conditions resulting in

the removal or reasons for placement outside the home would not be remedied.

Conclusion
[17] The DCS established by clear and convincing evidence the requisite elements to

support the termination of parental rights.

[18] Affirmed.

Robb, J., and Brown, J., concur.

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