In the Matter of the Termination of the Parent-Child Relationship of: K.H. (Minor Child), and P v. (Father) v. The Indiana Department of Child Services (mem. dec.)

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), this
Memorandum Decision shall not be regarded as Aug 05 2015, 9:41 am
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 ATTORNEYS FOR APPELLEE
Michael B. Troemel Gregory F. Zoeller
Lafayette, Indiana Attorney General of Indiana
Robert J. Henke
Deputy Attorney General
Indianapolis, Indiana
James D. Boyer
Deputy Attorney General
Indianapolis, Indiana

IN THE
COURT OF APPEALS OF INDIANA

In the Matter of the Termination August 5, 2015
of the Parent-Child Relationship Court of Appeals Case No.
of: 79A02-1412-JT-858
Appeal from the Tippecanoe
K.H. (Minor Child), Superior Court.
And The Honorable Faith A. Graham,
Judge.
P.V. (Father),
Cause No. 79D03-1403-JT-10
Appellant-Respondent,

v.

The Indiana Department of Child
Services,
Appellee-Petitioner.

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 Riley, Judge.

STATEMENT OF THE CASE

[1] Appellant-Respondent, P.V. (Father), appeals the trial court’s Order

terminating his parental rights to his minor child, K.H. (Child).

[2] We affirm.

ISSUE

[3] Father raises two issues on appeal, which we consolidate and restate as the

following single issue: Whether the Indiana Department of Child Services

(DCS) presented sufficient evidence to support the termination of Father’s

parental rights.

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 FACTS AND PROCEDURAL HISTORY 1

[4] Father and E.W. (Mother) 2 are the biological parents of the Child, born

October 3, 2005. Father and Mother have never been married, and they ended

their relationship upon Mother learning that she was pregnant with the Child.

At the time of the Child’s birth, Father was incarcerated, so Mother was the

Child’s sole custodian. Father’s first interaction with the Child was not until

after she was six months old, and Father began visiting with her a few times per

month when she was two years old.

[5] Sometime in 2009, Mother and the Child moved to Arizona. Then, in May of

2010, Arizona’s Department of Child Safety removed the Child from Mother’s

custody due to her mental illness and expression of desire to harm her three

children. The Child was subsequently placed in foster care. At the end of

March 2011, Father moved to Arizona in order to participate in reunification

services, and he obtained custody of the Child in October of 2011. Thereafter,

Father and the Child returned to Lafayette, Tippecanoe County, Indiana.

1
In accordance with the revised Administrative Rule 9(G), certain evidence was submitted to our court
which is declared confidential and must be excluded from public access. See Ind. Administrative Rule
9(G)(2); Ind. Code § 31-39-1-2 (declaring the confidentiality of juvenile court records). Despite the parties’
non-compliance with the Administrative Rule, we have endeavored to maintain confidentiality on appeal.
However, as a number of facts derived from the confidential records are “essential to the resolution of
litigation[,]” we have included confidential information in this decision only to the extent necessary to
resolve this appeal. Admin. R. 9(G)(7)(a)(ii)(c).
2
On August 15, 2014, Mother executed a voluntary consent to terminate her rights to the Child. Mother is
not a party to this appeal, although facts pertaining to Mother are included where appropriate.

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[6] Between October of 2011 and January of 2012, Father and the Child were the

subject of twelve different DCS assessments. In one of these instances, it was

reported to DCS that the Child had been sexually molested. She was taken to

Riley Children’s Hospital in Indianapolis for an examination, during which the

Child’s physician discovered vaginal moles which required further evaluation.

Father was instructed to seek follow-up treatment with a dermatologist to

ensure that the moles were not cancerous.

[7] On the evening of February 2, 2013, the Lafayette Police Department was

dispatched to Father’s apartment in Lafayette regarding a noise complaint.

When police officers entered the apartment, they discovered the Child lying in

bed, under the covers, with Father’s male friend, R.B. Both R.B. and the Child

were fully clothed, and Father was present in the same room. However, when

questioned as to why the Child was in bed with R.B., both R.B. and Father

refused to provide an explanation. The officers read the recent report of sexual

abuse allegations involving the Child, which noted specific concerns about the

fact that Father allows his adult friends to have access to the Child. The officers

also discovered that a protective order obtained by the landlord prohibited

R.B.’s presence on the property due to stabbing incidents in 2009 and 2010. In

addition to the Child, Father, and R.B., several other individuals were present

in the home that evening and were intoxicated.

[8] The next day, DCS conducted a home visit at the apartment in order to

interview Father and the Child. Father refused to answer the door, even after

he learned that it was DCS. DCS was eventually granted access by the

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 landlord. However, Father refused to allow DCS to speak with the Child out of

his presence. When questioned by DCS, the Child expressed that she did not

want to anger her Father, and she exhibited fear of the police. DCS inquired

about the recent substantiated report of sexual abuse, and Father admitted that

he did not pursue the recommended follow-up procedures for the Child’s

vaginal moles. Father also indifferently dismissed the possibility that the Child

had ever been sexually abused.

[9] DCS inspected the apartment and learned that the Child shared a bedroom with

Father and R.B., which contained one queen-sized mattress and a small couch.

When asked about the specific sleeping arrangements in the room, Father

provided only vague responses. DCS also observed that the floor was cluttered,

and “[i]t did not appear that any type of mattress, bed or blanket was being used

at night to separate the three [people].” (DCS Exh. 1, p. 2). DCS also

discovered that there had been numerous calls made to law enforcement in

reference to Father and the Child, including multiple suicide attempts by

Father. Throughout DCS’ investigation, Father remained uncooperative, such

as by refusing to sign releases for DCS to contact medical personnel and other

collateral contacts regarding the Child. Furthermore, DCS also noted that

Father had not remedied issues from past reports, including his lack of housing

stability and the Child’s exposure to unsafe environments. As a result, on

February 4, 2013, DCS removed the seven-year-old Child from Father’s

custody and placed her with her paternal great-uncle, D.V., and great-aunt, S.V.

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 The same day, DCS filed a petition alleging the Child to be a Child in Need of

Services (CHINS).

[10] Pursuant to a mediation agreement, Father admitted to the allegations raised in

the CHINS petition—namely, that he struggles to meet the Child’s basic needs;

lacks independent housing; fails to implement structure and stability for the

Child; has been resistant to services that would benefit his Child; has an

extensive criminal history; has put the Child in unsafe situations and allowed

his adult friends frequent access to the Child; failed to seek appropriate medical

treatment; and has been uncooperative with DCS. Thus, on April 22, 2013, the

trial court adjudicated the Child to be a CHINS. For his parental participation

plan, Father was ordered, in part, to receive a psychological evaluation and

follow all recommendations; obtain and maintain adequate housing; maintain

employment and attain financial stability to be able to provide for the Child;

and participate in the Fatherhood Engagement Program, therapy, and other

case management services. Father was also directed to participate in supervised

visitation with the Child.

[11] At the time of her removal, the Child was performing poorly in school.

Although a first grader, the Child was required to spend half of her days in a

kindergarten classroom. The Child was provided an individual education plan

in order to receive extra assistance with her learning disability and speech

impairment. The Child also exhibited severe behavioral issues, and would cry,

scream, and kick at school. She was also overly affectionate with her relative

placement and service providers, and she bonded too easily to strangers. About

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 a week after her removal, the Child was interviewed for an Early Mental Health

Screening. The therapist observed that the Child “does not demonstrate

Stranger Danger as is appropriate for a child her age. Stranger Danger includes

being cautious around new people until they have demonstrated their

trustworthiness.” (DCS Exh. 4, p. 4). The therapist also found that when

“extremely anxious,” the Child “demonstrates a need of control rather than

appropriate manners”—such as when visiting with her Father. (DCS Exh. 4, p.

5). It was concerning to the therapist that the Child had apparently witnessed

several episodes of violence while in Father’s care. The Child was diagnosed

with post-traumatic stress disorder (PTSD).

[12] In June of 2013, Father completed a psychological evaluation with Dr. Jeff

Vanderwater-Piercy (Dr. Vanderwater-Piercy), a licensed clinical psychologist.

Dr. Vanderwater-Piercy diagnosed Father with Neglect of Child and Antisocial

Personality Disorder with Narcissistic Traits. Dr. Vanderwater-Piercy further

concluded:

[Father’s] interactions with DCS and service providers, including this
examiner, have been extremely self-protective in nature to the degree
of indifference toward his daughter. According to the records
reviewed by this examiner, there have been missed visits, a reluctance
to examine issues and concerns relevant to the safety and well[-]being
of his daughter, and at times an apparent lack of interest in and
emotional connection to his daughter. The test results from the
current evaluation suggest that [Father] is of average intelligence and
can espouse attitudes and beliefs that are consistent with good
parenting. However, his actions (past parenting behaviors and
interactions with service providers) are more reflective of an indifferent
and self-centered approach to parenting in which there is a lack of

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 appropriate attentiveness and responsiveness to the needs and feelings
of the [C]hild.
At the present time, [Father] has very little interest in self-examination
and therefore is not a good candidate for therapy. His primary
concern is that of protecting himself and therefore he will likely remain
very guarded and selective in what he discloses. [Father] may be
compliant with services, such as the Fatherhood Engagement
Program, but his level of investment in learning from services will
likely be low. [Father] will probably be inclined to deflect
responsibility away from himself, rationalize his behavior, minimize
concerns, and seek to put others on the defensive. In terms of case
management, it will be important to establish clear expectations
regarding [Father’s] level of participation and the
changes/improvements necessary for reunification to occur, all the
while keeping the focus on [Father] and his behavior.
(DCS Exh. 9, pp. 14-15).

[13] In accordance with Dr. Vanderwater-Piercy’s expectations, Father was resistant

to participate in the Fatherhood Engagement Program and other DCS services.

Between the date of the Child’s removal and the termination hearing, Father’s

supervised visitation services were discharged on five separate occasions due to

his non-compliance with the various facilitators’ attendance policies. Father’s

home-based family specialist noted that Father failed to see the importance of

communicating with the Child outside of their scheduled visits, and he

displayed no interest in being involved in the Child’s treatment. Father also

repeatedly stated that he had no need for services and declined any assistance

with finding suitable housing or employment. He did, however, sublease a one-

bedroom apartment on his own in May of 2013, and he was employed by

several fast-food restaurants at various intervals throughout the case. As part of

the Fatherhood Engagement Program, a therapist offered to provide counseling

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 and assistance with parenting skills, but Father stonewalled the therapist’s

attempts to schedule regular appointments. During the few appointments that

he did attend, Father refused to discuss personal or emotional issues.

[14] After taking the Child into custody, D.V. and S.V. arranged for the Child to

receive the necessary medical care which Father had declined to pursue. On

July 12, 2013, the Child had surgery at Riley Children’s Hospital for the

removal and biopsy of her vaginal moles. Father was present at the hospital

during her surgery, but he did not attend her follow-up appointment on August

7, 2013, despite the instruction from DCS to do so.

[15] On July 17, 2013, during a therapy session, the Child disclosed significant

details about being molested by Father’s friend. The Child reported that she

had been exposed to pornographic movies while a man named David was

babysitting her. She stated that David “had her watch the ‘adult movie’ . . . so

that she knew what to do.” (DCS Exh. 5). The Child graphically described

how David repeatedly molested her on different occasions, including by

inserting his penis into her vagina. She used a bundle of crayons to represent

David’s penis and explained “[t]hat is where the white milky stuff comes out.”

(DCS Exh. 5). The Child also indicated that at least once, Father had walked

into the room where the Child had been alone with David and, upon seeing

“the white milky stuff on the ground,” he became angry and walked out. (DCS

Exh. 5). However, the Child reported that Father continued to allow her to be

alone with David. During a subsequent therapy session, the Child explained

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 that R.B. also babysat, but he never acted inappropriately as David did. When

Father later learned of the Child’s allegations, he accused her of lying.

[16] On September 3, 2013, the Child worked on a trauma narrative book with her

therapist. When discussing living with Father, the Child stated that he had

previously thrown her across the room and put her head in the sink. She stated,

“My daddy doesn’t know how to take care of kids.” (DCS Exh. 5). Also in

September of 2013, Father informed DCS that he was homeless. He declined

offers from service providers to assist him in securing new housing and obtained

an apartment two months later.

[17] Following a hearing, on November 3, 2013, the trial court found Father to be in

contempt for failure to comply with his parental participation order.

Specifically, Father had failed to keep his appointment for his Fatherhood

Engagement Program and had not been able to maintain suitable housing. The

court also noted that three different visitation facilitators had discharged Father

from services on four separate occasions. The trial court ordered Father to

provide proof of his residency and income to DCS. On October 17, 2013,

Father completed the 24/7 Dad workbook and was successfully discharged from

the Fatherhood Engagement Program. However, he continued to demonstrate

a lack of involvement in other recommended services, such as therapy. On

December 16, 2013, the trial court again found Father to be in contempt for

failing to comply with his parental participation order. This time, Father was

cited for failing to provide documentation to DCS regarding proof of residency

and income. The trial court ordered Father to provide DCS with financial and

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 employment information for the previous two months and, going forward, to

continue supplementing his income information.

[18] On March 13, 2014, the trial court approved the change of the permanency plan

from reunification with the parents to termination of parental rights. At that

point, Father inquired about improvements he could make to prevent

termination. The Child’s court-appointed special advocate (CASA) advised

Father to work on building a support system, and the Child’s therapist

suggested family therapy. Father did not heed either recommendation.

However, he did commence individual therapy with Dr. Cathy Streifel (Dr.

Streifel), a psychologist. For the first time since the onset of the case, Father

began making a genuine effort to “talk about some things that [are] hard for

him to talk about.” (Tr. pp. 16-17). In addition to paying for the sessions

himself, Dr. Streifel explained that Father has maintained consistent

attendance. Dr. Streifel also noted that, despite his willingness to at least

engage in topics that he previously refused to discuss, Father remains

emotionally detached from the Child, and he has never “acknowledged it as a

problem” that the Child has been exposed to inappropriate situations and

continues to exhibit sexualized behaviors. (Tr. p. 23).

[19] On March 18, 2014, DCS filed a petition to terminate the parental rights of

Father and Mother. On June 10 and August 15, 2014, the trial court conducted

a termination hearing. During the hearing, the DCS case manager, the Child’s

therapist, and the Child’s CASA all recommended that Father’s parental rights

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 be terminated. On November 21, 2014, the trial court issued an Order,

terminating Father’s rights to the Child.

[20] Father now appeals. Additional facts will be provided as necessary.

DISCUSSION AND DECISION

I. Standard of Review

[21] “Decisions to terminate parental rights are among the most difficult our trial

courts are called upon to make. They are also among the most fact-sensitive—

so we review them with great deference to the trial courts, recognizing their

superior vantage point for weighing the evidence and assessing witness

credibility.” In re E.M., 4 N.E.3d 636, 640 (Ind. 2014). On appeal, our court

does not reweigh evidence or judge the credibility of witnesses. Id. at 642.

Rather, we will only consider the evidence that supports the judgment and any

reasonable inferences which may be drawn from that evidence. Id.

[22] In this case, the trial court issued special findings of fact and conclusions

thereon; accordingly, our review is further guided by Indiana Trial Rule 52(A).

Our court “shall not set aside the findings or judgment unless clearly erroneous,

and due regard shall be given to the opportunity of the trial court to judge the

credibility of the witnesses.” Ind. Trial Rule 52(A). When reviewing findings

of fact and conclusions thereon for clear error, our standard of review is two-

tiered. First, we must determine whether the evidence supports the trial court’s

findings; second, we must consider whether those findings support the

judgment. In re I.A., 934 N.E.2d 1127, 1132 (Ind. 2010). “Clear error is that

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 which leaves us with a definite and firm conviction that a mistake has been

made.” S.L. v. Ind. Dep’t of Child Servs., 997 N.E.2d 1114, 1123 (Ind. Ct. App.

2013).

II. Termination of Parental Rights

[23] “[O]ne of the most valued relationships in our culture” is that between a parent

and his or her child. In re G.Y., 904 N.E.2d 1257, 1259 (Ind. 2009), reh’g denied.

In fact, “[a] parent’s interest in the care, custody, and control of his or her

children is ‘perhaps the oldest of the fundamental liberty interests.’” Id.

(quoting Troxel v. Granville, 530 U.S. 57, 65 (2000)). Accordingly, the

Fourteenth Amendment to the United States Constitution safeguards “the

traditional right of parents to establish a home and raise their children.” Id.

Nevertheless, parental interests are not absolute; rather, termination of parental

rights is appropriate when parents are unable or unwilling to meet their parental

responsibilities. In re A.B., 887 N.E.2d 158, 164 (Ind. Ct. App. 2008).

[24] The involuntary termination of a parent’s rights is not intended to punish the

parent; ultimately, it is meant to protect the child. S.L., 997 N.E.2d at 1123.

Termination of parental rights is the most extreme sanction a court can impose,

and because it permanently severs a parent’s rights to his or her children, it is

“intended as last resort, available only when all other reasonable efforts have

failed.” Id. at 1123-24. As such, in Indiana, in order to terminate a parent’s

rights, DCS must prove, in relevant part:

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

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 (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 [Indiana Code section]
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.
(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.
Ind. Code § 31-35-2-4(b)(2). DCS must prove each element by clear and

convincing evidence—“a ‘heightened burden of proof’ reflecting termination’s

‘serious social consequences.’” In re E.M., 4 N.E.3d at 642 (quoting In re G.Y.,

904 N.E.2d at 1260-61 & n.1); see I.C. § 31-34-12-2.

[25] On appeal, Father does not challenge that the Child has been removed from her

parents for the requisite time or that DCS has established a satisfactory plan for

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 the Child’s care and treatment. Instead, he claims that the trial court erred by

concluding (1) that there is a reasonable probability that the continuation of the

parent-child relationship poses a threat to the Child’s well-being; (2) that there is

a reasonable probability that the conditions resulting in the Child’s removal and

continued placement outside the home will not be remedied; and (3) that

termination is in the Child’s best interests.

A. Continuation of Parent-Child Relationship Poses Threat to Child’s Well-Being

[26] Father first claims that there is insufficient evidence to establish that the

continuation of the parent-child relationship poses a threat to the Child’s well-

being. It is well established that a trial court should assess a parent’s fitness at

the time of the termination proceeding, taking into consideration evidence of

changed conditions. Bester v. Lake Cnty. Office of Family & Children, 839 N.E.2d

143, 152 (Ind. 2005). Furthermore, “[c]lear and convincing evidence need not

reveal that ‘the continued custody of the parent[] is wholly inadequate for the

child’s very survival.’ Rather, it is sufficient to show by clear and convincing

evidence that ‘the child’s emotional and physical development are threatened’

by the respondent parent’s custody.” Id. at 148 (quoting Egly v. Blackford Cnty.

Dep’t of Pub. Welfare, 592 N.E.2d 1232, 1233-34 (Ind. 1992)).

[27] In this case, the trial court concluded that

[c]ontinuation of the parent-child relationships poses a threat to the
well-being of the [C]hild. The [C]hild needs stability in life. The
[C]hild needs parents with whom the [C]hild can form a permanent
and lasting bond to provide for the [C]hild’s emotional and
psychological as well as physical well-being. The [C]hild’s well-being

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 would be threatened by keeping the [C]hild in parent-child
relationships with either parent.
(Appellant’s App. p. 23). In support of this conclusion, the trial court

specifically found that Father has consistently demonstrated instability in both

his housing and employment; that Father failed to seek necessary medical care

for the Child’s vaginal moles; that Father has an extensive criminal history; that

Father has a longstanding history of unresolved mental health issues, including

multiple suicide attempts; that Father has denied any responsibility for the fact

that the Child was molested because he allowed adult males to have

unsupervised access to the Child; and that Father only minimally participated

in DCS services, during which he “was not invested in [the Child’s] therapy”

and he did nothing to improve his parenting skills. (Appellant’s App. p. 23). In

addition, the trial court found:

18. Despite the CHINS case, concerns regarding the safety of the
[C]hild remain. The parents continue to lack the ability to
protect the [C]hild, manage basic needs on a daily basis without
assistance, and provide the [C]hild with the necessary support
to address her trauma. The parents pose a continued danger to
the [C]hild’s long-term health and safety by failing to protect
her from abuse and neglect.
19. Although Mother and Father love this [C]hild, neither has the
ability to meet the [C]hild’s needs. The long-standing history of
instability displayed by these parents continues today. All
imaginable services have been offered and nothing is singularly
different in today’s circumstances since the time of removal.
To continue the parent-child relationships would be detrimental
to the [C]hild. The [C]hild needs permanency now.
(Appellant’s App. p. 23).

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[28] Father does not specifically challenge any of the trial court’s findings. Rather,

the entirety of his argument provides:

DCS claims that [he] will not provide a financially stable and safe
home, and will not meet [the Child’s] therapeutic needs. The evidence
of [Father’s] income, employment, housing and visitation indicates
otherwise. . . . DCS attempts here to really argue that because there
[is] a better placement, that [Father] therefore poses a risk. A trial
court shall not consider the best interest of a child until parental
unfitness is proved.
(Appellant’s Br. p. 10) (citing In re Tucker, 578 N.E.2d 774, 779 n.5 (Ind. Ct.

App. 1991), trans. denied). We initially find that Father’s argument is largely a

request to reweigh evidence, which we decline to do. Moreover, there is

sufficient evidence in the record to support the trial court’s determination that

the continuation of the parent-child relationship poses a threat to the Child’s

well-being.

[29] First, the Child required follow-up care to ensure that her vaginal moles were

not cancerous, and we find it highly disturbing that Father ignored the Child’s

medical needs. Instead, it was not until the Child was placed with D.V. and

S.V. that the Child was examined and it was determined that the moles were

benign. Also compelling is the fact that Father refused to admit that he

neglected his parental responsibility to seek medical treatment for the Child.

[30] Second, Father demonstrated an utter lack of interest in the Child’s therapeutic

needs. See Everhart v. Scott Cnty. Office of Family & Children, 779 N.E.2d 1225,

1234 (Ind. Ct. App. 2002) (finding sufficient evidence to terminate the parental

rights of a father who had subjected his children to abuse and subsequently

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 displayed a complete “lack of interest in the well-being of the children while he

was incarcerated”), trans. denied. According to the Child’s Early Mental Health

Screening, the Child suffers from PTSD as a result of her parents’ recurring

failure to keep her safe, and she “is at significant risk for mental health issues.”

(DCS Exh. 4, p. 12). The DCS case manager testified that Father has “never

really addressed therapeutically that [the Child] is a victim of sexual abuse.”

(Tr. p. 175). The Child “demonstrates behaviors associated with physical

abuse, sexual abuse, emotional abuse, and neglect” which will require ongoing

therapeutic treatment. (DCS Exh. 4, p. 12). Not only has Father never

participated in therapy with the Child or expressed any concern about the

Child’s emotional well-being, he has repeatedly accused the Child of lying

about being a victim of sexual abuse. The DCS case manager testified that if

the Child were to be placed in Father’s care, Father would not ensure that she

continues to receive her much-needed therapeutic treatment. Given Father’s

lack of concern about the Child’s physical health and his apathy toward

participation in services throughout this case, we agree with DCS that there is a

high probability that Father would fail to take the necessary steps to safeguard

the mental health of the Child.

[31] Third, the evidence establishes that Father has made no effort to address his

own mental health issues during the pendency of the case. See In re S.L.H.S.,

885 N.E.2d 603, 616-17 (finding a father posed a continuing threat to the child’s

safety and well-being because he had not addressed his psychological issues or

past molestation issues). Although Father was referred for counseling services

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 throughout the entire case, he did not actively participate in therapy until just a

few months prior to the termination hearing. The Child was removed from

Father’s care, in part, based on the fact that he allowed his friends and

roommates to have unfettered access to the Child, which ultimately resulted in

her molestation. To this day, Father fails to accept responsibility for—or even

recognize—that he routinely placed his Child in dangerous situations, which is

a strong indicator that he will repeat the same behavior in the future. See In re

E.M., 4 N.E.3d at 643 (stating that “parents’ past behavior is the best predictor

of their future behavior”).

[32] Fourth, although Father was having regular visitation with the Child up until

the termination hearing, the Child reiterated to her therapist and other service

providers that she did not like visiting with Father because she was afraid of

him. The DCS case manager and CASA both testified that Father and the

Child have not bonded, and the CASA testified that she does “not believe

[Father] would keep [the Child] safe[,]” and it is apparent that the Child does

not trust Father or feel safe with him. (Tr. p. 214). Even Father’s therapist, Dr.

Streifel, testified that she had expressed concerns to Father “about his ability to

develop a strong emotional bond with [the Child]” because he is so emotionally

detached. (Tr. p. 18).

[33] Fifth, at the time of the termination hearing, Father was living in a two-

bedroom apartment, but he has failed to demonstrate any long-term stability or

ability to meet the Child’s daily needs on a permanent basis. See C.A. v. Ind.

Dep’t of Child Servs., 15 N.E.3d 85, 94 (Ind. Ct. App. 2014). Because the Child

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 was removed from Father’s care based, in part, on the fact that Father allowed

his friends and roommates to have unsupervised access to the Child, it was

necessary for Father to establish that he could financially sustain housing for

himself and the Child without having to rely on a roommate. Additionally, the

evidence reveals that the Child suffers from attachment issues as a result of

having to frequently move. Yet, during the pendency of this case, Father

moved approximately three times and was also homeless for several months.

Also, in December of 2013, Father’s home-based case specialist reported that

Father was struggling to afford his rent and utilities, but Father consistently

rejected the service providers’ offers of assistance, and he refused to submit

copies of his budget and bills. Throughout the case, Father quit numerous fast

food jobs before undertaking self-employment in the construction field. At the

termination hearing, Father testified about several construction jobs he had

recently completed, but he said nothing to indicate that he had sufficient future

work lined up to maintain his income.

[34] Father’s instability is further evidenced by the fact that he has an extensive (and

violent) criminal history and was arrested twice more during the pendency of

these proceedings. First, on April 19, 2013, Father was arrested for trespassing

and was subsequently released with a warning to stay away from the residence.

Then, he was again incarcerated from September 24-30, 2013, for failing to pay

support for his other child. Accordingly, we find no error in the trial court’s

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 conclusion that the continuation of the parent-child relationship poses a threat

to the Child’s well-being. 3

B. Best Interests of the Child

[35] Father next claims that the trial court erred by concluding that termination of

his parental rights would be in the best interests of the Child. In determining a

child’s best interests, the trial court is required to consider the totality of the

evidence. S.E. v. Ind. Dep’t of Child Servs., 15 N.E.3d 37, 47 (Ind. Ct. App.

2014), trans. denied. In so doing, the trial court should “subordinate the interests

of the parent to those of the child[].” In re A.B., 887 N.E.2d at 168.

[36] Father asserts that “[t]he sense people have that [he] is not likeable does not

make it best for his [Child] to be forever separated from him.” (Appellant’s Br.

p. 11). He further argues that “it is uncontroverted that he takes [the Child] to

the library, reads with her, plays soccer with her, goes fishing with her, takes

her skating, to the park and the zoo.” (Appellant’s Br. p. 11). Finally, Father

posits that “[w]hile [he] is admittedly quiet, his visits have been completely

supervised, and therefore occur in an artificial setting under a watchful eye. He

has been redirected not to accept the affection of his daughter. He has not been

given any guidance on his requests to deal with his [Child’s] issues.”

3
Indiana Code section 31-35-2-4(b)(2)(B) is written in the disjunctive; thus, DCS need only prove either that
the conditions resulting in the Child’s removal and continued placement outside of a parent’s custody will
not be remedied or that the continuation of the parent-child relationship poses a threat to the child’s well-
being. In re I.A., 934 N.E.2d at 1133. Because we find no error in the trial court’s conclusion that the
continuation of the parent-child relationship poses a threat to the Child’s well-being, we need not address
Father’s argument under Indiana Code section 31-35-2-4(b)(2)(B)(i).

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 (Appellant’s Br. p. 11). To the extent that Father requests this court to reweigh

evidence, we decline. Moreover, notwithstanding the fact that Father neither

raised a specific claim of error by the trial court, nor supported his argument

with cogent reasoning and citations to authority, we find ample support in the

record for the trial court’s determination that the Child’s best interests warrant

termination. See Ind. Appellate Rule 46(A)(8)(a).

[37] During the termination hearing, the DCS case manager, CASA, and the Child’s

therapist all recommended that termination of the parent-child relationship

would serve the Child’s best interests. See C.A., 15 N.E.3d at 94-95 (finding

sufficient evidence of the child’s best interests where the service providers,

CASA, and case manager all made recommendations to terminate the parent-

child relationship). Here, the Child attended therapy with the same therapist

from the time she was removed from Father’s care. In recommending

termination of Father’s rights, the therapist cited to the Child’s strong bond

with her relative placement and the significant improvement in the Child’s

behavior since her removal from Father’s custody. The therapist also stated

that the Child has consistently expressed fear of seeing Father throughout the

case. The Child’s DCS case manager also recommended that it would be in the

Child’s best interests for Father’s parental rights to be terminated because the

Child is “thriving” in her relative placement, and D.V. and S.V. plan to adopt

her. (Tr. p. 156). The DCS case manager expressed concern over Father’s lack

of support with respect to the Child’s need for therapy, stating that Father has

failed to identify “the importance and understanding that [the Child] is a victim

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 of sexual abuse and how his role in that played.” (Tr. p. 162). The DCS case

manager also stated “[t]hat [Father] is focused on himself; that he is indifferent

to what others are – to other people’s feelings, he’s indifferent to [the Child’s]

feelings, it’s more of a game to him. He goes and sees what the outcome will

be, but it’s more for show.” (Tr. p. 167). Finally, the Child’s CASA also

opined that the Child’s best interests required terminating Father’s parental

rights, stating that Father “is minimally going through what he has to go

through to please the court, not really in [the Child’s] best interest, but what he

has to do to please the court.” (Tr. p. 206).

[38] Furthermore, it is well established that a “trial court need not wait until the

child is irreversibly harmed such that the child’s physical, mental and social

development is permanently impaired before terminating the parent-child

relationship.” K.T.K. v. Ind. Dep’t of Child Servs., 989 N.E.2d 1225, 1235 (Ind.

2013). A “myriad of factors” may be considered in assessing the physical,

emotional, and mental well-being of a child. Id. Among these factors,

“[p]ermanency is a central consideration in determining the [child’s] best

interests.” Id. (alterations in original) (quoting In re G.Y., 904 N.E.2d at 1265).

In the present case, the Child has twice been subjected to the arduous

proceedings associated with being removed from unfit parents. At the time of

the termination hearing, the eight-year-old Child had spent just over one year of

her life in Father’s care. During that time, DCS conducted twelve assessments

in addition to the report which ultimately led to the Child’s removal. The

Child’s placement with D.V. and S.V. is the first time in her life that she has

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 had a safe and stable home environment, and her need for permanency should

not be even further delayed considering that Father has already had ample time

to establish his parental fitness.

[39] Although Father may have a sincere desire to be reunited with the Child, he has

consistently been unable and unwilling to provide the Child with a safe and

stable home environment. D.V. and S.V., however, have provided the Child

with a loving, nurturing, and stable home. D.V. and S.V. have ensured that the

Child received appropriate medical treatment, and they have actively

participated in the Child’s therapy. D.V. and S.V. provide much-needed

structure for the Child, and, although the Child has numerous issues that will

require continued treatment, she has improved both academically and

emotionally while in the care of her relative placement. Throughout the course

of these proceedings, the Child repeatedly identified D.V. and S.V. “as her

family”; she feels safe and comfortable in their care and wants to remain with

them. (Tr. p. 156). Considering the totality of the evidence, we find no error in

the trial court’s determination that termination is in the Child’s best interests.

CONCLUSION

[40] Based on the foregoing, we conclude that DCS presented clear and convincing

evidence to support the termination of Father’s parental rights to the Child.

[41] Affirmed.

[42] Bailey, J. and Barnes, J. concur

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