In the Matter of the Term. of the Parent-Child Relationship of C.B., Mother, B.G., Father, and N.W., S.G. and R.B., Minor Children, C.B. and B.G. v. Ind. Dept. of Child Services (mem. dec.)

MEMORANDUM DECISION
FILED
Pursuant to Ind. Appellate Rule 65(D), May 20 2016, 9:03 am
this Memorandum Decision shall not be
CLERK
regarded as precedent or cited before any Indiana Supreme Court
Court of Appeals
court except for the purpose of establishing and Tax Court

the defense of res judicata, collateral
estoppel, or the law of the case.

ATTORNEY FOR APPELLANTS ATTORNEYS FOR APPELLEE
Michael B. Troemel Gregory F. Zoeller
Lafayette, Indiana Attorney General of Indiana
Robert J. Henke
Abigail R. Recker
Deputy Attorneys General
Indianapolis, Indiana

IN THE
COURT OF APPEALS OF INDIANA

In the Matter of the Termination May 20, 2016
of the Parent-Child Relationship Court of Appeals Case No.
of C.B., Mother, B.G., Father, 79A04-1506-JT-736
and N.W., S.G. and R.B., Minor Appeal from the
Children, Tippecanoe Superior Court
C.B. and B.G., The Honorable Thomas K.
Milligan, Senior Judge
Appellants-Respondents,
Trial Court Cause Nos.
v. 79D03-1409-JT-39
79D03-1409-JT-40
79D03-1409-JT-41
Indiana Department of Child
Services,
Appellee-Petitioner.

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 Kirsch, Judge.

[1] In a joint proceeding, the juvenile court terminated the parental rights of C.B.

(“Mother”) as to her minor children, N.W., S.G., and R.B., and the parental

rights of B.G. (“Father”) as to his minor child, S.G. Mother and Father

(“Parents”) appeal, raising the following consolidated and restated issues:

I. Whether the juvenile court’s termination order as to Mother is
clearly erroneous; and

II. Whether the juvenile court’s termination order as to Father is
clearly erroneous.

[2] We affirm.

Facts and Procedural History
[3] Mother is the biological parent of three daughters N.W., S.G., and R.B

(collectively, “Children”), who were born in October 2001, May 2006, and June

2011 respectively. Father is the biological parent of S.G.1 In April 2013,

Children were living in Lafayette, Indiana with Mother, her former boyfriend

(“S.S.”), and his two children, one of whom was three-year-old Z.S. In the

afternoon of April 12, 2013, Z.S. was taken to the hospital due to marks and

bruises on his body, a laceration to his head, and lethargic behavior. DCS Ex. 1

at 2. Z.S. subsequently developed a subdural hematoma and was hospitalized

1
The juvenile court also terminated the parental rights of N.W.’s father and of R.B.’s father; those fathers,
however, do not appeal.

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 for several days. Mother admitted that she had “backhanded [Z.S.] because he

wasn’t listening” and that Z.S. fell backwards. DCS Ex. 1 at 2. It was

determined that Mother’s account of the incident did not match the nature and

extent of the injuries. Mother was arrested that same day and charged with

battery on a child and neglect of a dependent. Prior to Z.S.’s hospitalization,

and Mother’s resultant arrest, Mother had arranged for Children to be “cared

for by their extended family”; N.W. and S.G. were cared for by their maternal

grandmother (“Grandmother”), and the youngest child, R.B., was cared for by

her maternal aunt (“Aunt”), Mother’s half-sister. Id.

[4] The Indiana Department of Child Services (“DCS”) became involved with the

family while Z.S. was in the hospital and, on April 23, 2013, filed a petition

alleging that Children were children in need of services (“CHINS”). In

addition to the pending charges against Mother, further allegations were made

that Mother had a history of: (1) excessive discipline of Children; (2) being

overwhelmed with the responsibilities of parenting; (3) having relationships

with inappropriate or violent men, some of whom had criminal histories; and

(4) being the victim of domestic violence both as a child and in her relationships

with men. Mother reported that as a child she was sexually abused by a family

member and abused and neglected by her mother, Grandmother. DCS Ex. 3 at

57, DCS Ex. 4, Vanderwater-Piercy Psychological Evaluation at 11.2 On June 4,

2
DCS Exhibit 4 is not consecutively paginated; therefore, we refer to the page number of the specific report.

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 2013, the juvenile court appointed Lynn Davis to be the Child Appointed

Special Advocate (“the CASA”).

[5] A fact-finding hearing was held on the CHINS petition, and Children were

found to be CHINS on June 18, 2013.3 As to Mother, the juvenile court noted:

(1) Mother’s pending criminal charges regarding Z.S.; (2) reports from Mother’s

family that she had a history of using extreme discipline on Children, including

the use of wooden spoons, belts, and her hand; (3) Mother had left eleven-year-

old N.W. to take care of three to five children4 and, via text message, told N.W.

“to ‘get out the belt’ if the younger children misbehaved”; (4) Mother had

written a letter to Children, while incarcerated, telling them she was sorry she

had asked them to lie and it was “okay to tell the truth.” DCS Ex. 2 at 44. As

to Father, the juvenile court noted that he had not had consistent contact with

S.G. and had not seen S.G. in about three months. Id. The juvenile court

ordered Children to remain in their respective relative placements.

[6] DCS prepared a Predispositional Report, dated July 5, 2013, the findings of

which the juvenile court adopted during its July 9, 2013 dispositional hearing.

Those findings included: (1) Children had a strong connection to Mother’s side

3
The CHINS and the termination proceedings that took place between April 23, 2013 and October 2014
were heard in the court of Judge Faith Graham, with Magistrate Crystal Sandy presiding. Senior Judge
Thomas K. Milligan presided over the four termination hearings in late 2014 and early 2015.
4
There is a conflict in the record regarding the number of children N.W. was asked to watch. DCS reported
that Mother had left N.W. to take care of up to six children, DCS Ex. 2 at 44, while the juvenile court found
that Mother left N.W. to take care of three to five children. Appellant’s App. at 39.

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 of the family; (2) none of Children had special medical needs or had used drugs;

(3) N.W. and S.G. were at that time attending individual therapy; and (4)

notwithstanding being in separate homes, Children were able to interact with

each other in a meaningful way. DCS Ex. 3 at 60-61. Following the hearing,

the juvenile court ordered Children to remain in relative placement and ordered

Parents to participate in services set forth in the parental participation order

with the goal of reunification. DCS Ex. 2 at 40.

[7] In October 2013, Mother pleaded guilty to neglect of a dependent with bodily

injury as a Class C felony for the injuries she inflicted on Z.S. Mother was

sentenced to four years—one year executed with Tippecanoe County

Community Corrections (“Tippecanoe Corrections”) on home detention, GPS

monitoring, and three years on supervised probation. DCS Ex. 3 at 43-44.

Mother was supervised by Tippecanoe Corrections Case Manager Jennifer

Horn from November 19, 2013 until November 7, 2014. Tr. at 409. Mother

was initially monitored as “high risk . . . due to her IRES5 score and her

history,” but was later modified to moderate risk. Id. Mother was returned to

high risk, however, after she violated the terms of her community corrections

by: (1) missing a drug screen in March 2014; (2) having problems keeping her

GPS charged while working for Indiana Packers; and (3) being “out of

5
The record before us does not reflect the meaning of the acronym “IRES.”

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 bounds.”6 Id. at 410. Mother also “received a work crew sanction,” but asked

that good time credit be taken away because she was unable to complete the

work crew hours. Id.

[8] The juvenile court held a CHINS case review hearing in October 2013 and

another in February 2014; Mother appeared in person at both hearings, and

Father appeared at the latter hearing. In preparation for those hearings, DCS

prepared three-month progress reports, one dated September 30, 2013

(“September Report”) and the other dated December 30, 2013 (“December

Report”). The September Report provided that Mother: (1) was inconsistent in

her case management participation; (2) had participated in a psychological

evaluation, but at DCS’s directive, would have to complete a comprehensive

psychological assessment with a parenting component; and (3) during the three-

month period from July 9 to September 30, had maintained approximately

twenty hours of supervised visitation per week. DCS Ex. 3 at 51, 52. Following

the October 2013 hearing, the juvenile court ordered Mother to: (1) comply

with the parental participation decree; (2) submit to random drug screens within

twenty-four hours of request from DCS, the CASA, and service providers; (3)

participate in Case Management once a week; (4) complete a parenting

education course; (5) participate in individual and family therapy; (6)

6
Case Manager Horn described these violations as follows: (1) Mother, for unexplained reasons, did not
show up for a drug screen on the appointed day, but showed up and passed it the next day; (2) Mother’s place
of employment, Indiana Packers, was not a “home zone” so Mother’s unit would continually attempt to
charge, resulting in the GPS unit dying before she returned home; (3) Mother was out of bounds when she
took Children to a McDonald’s play area without giving prior notice to her case manager. Tr. at 410-14.

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 participate in visitation by agreement of treatment team; (7) participate in a

comprehensive psychological evaluation with a parenting component; (8)

continue to use the journal to facilitate visitation; (9) complete the RAISE

Program, to address domestic violence, and follow all recommendations. DCS

Ex. 2 at 36. Father was ordered to: (1) comply with the parental participation

decree; (2) complete a parenting assessment, a mental health assessment, and a

substance abuse assessment and follow the recommendations as to each; (3)

participate in visitation pursuant to a treatment team agreement; and (4) submit

to random drug screens within twenty-four hours of request from DCS, the

CASA, and service providers. Id. at 37.

[9] The December Report noted that, during the three-month period from

September 30 to December 31, 2013, Mother maintained approximately

twenty-five hours of supervised visitation per week, with no cancellations. DCS

Ex. 3 at 41. Additionally, Mother participated in a comprehensive

psychological evaluation with licensed psychologist Jeff Vanderwater-Piercy

(“Dr. Vanderwater-Piercy”). Through that evaluation, Mother was diagnosed

with: (1) “Anxiety Disorder Not Otherwise Specified (with features of

posttraumatic stress)”; (2) “Major Depressive Disorder, Recurrent, In

Remission”; and (3) “Personality Disorder Not Otherwise Specified (Mixed

Personality Disorder with Dependent and Narcissistic Features).” DCS Ex. 3 at

35; DCS Ex. 4, Vanderwater-Piercy Psychological Evaluation at 11. The evaluation

recommended that Mother participate in parenting education courses. The

December Report noted that: (1) Mother was participating in or had

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 participated in individual therapy, parenting evaluation, visitation,

psychological evaluation; (2) all of Mother’s drug screens were clean; (3)

Mother had obtained suitable, individual housing in her own name, (4) Mother

maintained transportation; and (5) Mother maintained employment. DCS Ex. 3

at 40. Both the September and December Reports reflected DCS Case Manager

Taylor Fristoe’s (“Fristoe”) assessment that Mother did not recognize her

mental health issues. Id. at 40, 51. Following the February 2014 hearing, the

juvenile court recommended that Children remain in relative placement and

that Parents continue with previously-ordered services.

[10] The juvenile court held a permanency hearing in April 2014. In preparation for

that hearing, DCS prepared a progress report (“Permanency Report”), dated

April 15, 2014, which covered the time-period from December 31, 2013 to April

15, 2014. Like the December Report, the Permanency Report reflected that

Mother maintained approximately twenty-five hours of semi-supervised

visitation per week, and also attended the three Child and Family Team

Meetings for that period. DCS Ex.3 at 28-29. DCS reported: (1) Mother does

not believe Dr. Vanderwater-Piercy’s assessment that she is narcissistic, stating

that she always puts Children first; (2) Mother continues to hold the idea of

DCS’s involvement being the fault of others, including relative placement,

believing that if DCS was “not involved that the case would be closed and the

children would already be returned to her care”; and (3) somebody made a

hotline report regarding bruising on R.B. and S.G after a visit with Mother;

however, a follow-up investigation revealed that claims of Mother’s

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 wrongdoing were unsubstantiated. Id. at 29, 30. DCS also reported, “[Mother]

has presented as argumentative when conversing with DCS; however, when

DCS is around [Mother], she does not raise her voice or become inappropriate

in front of the children.” Id. at 29. The Permanency Report showed that, in

addition to Mother’s participation in individual therapy, parenting evaluation,

visitation, and a psychological evaluation, Mother has made herself available to

meet with providers and the treatment team; has continued to have clean drug

and alcohol screens; has obtained suitable housing in her own name; and has

maintained employment and transportation. Id. at 25. At that time, Mother

had successfully completed the RAISE Program through Bauer Family

Resources (“Bauer”), to address issues of domestic violence. Id. at 25-26.

[11] The Permanency Report recommended that relative placement continue only

until Mother finds appropriate and consistent childcare for Children. Id. at 21.

The “team” had several Child and Family Team Meetings to discuss a plan.

Services were offered to Mother “to address the underlying reasons for

involvement, which [Mother] was cooperative [with] and engaged in.” Id.

DCS agreed that a trial home visit would be appropriate once Mother obtained

an appropriate childcare plan. Id. In summary, DCS noted:

Despite the disagreement about involvement, [Mother] has
participated in services and improved with interaction through
visits with the girls. She has maintained her housing and
employment and has several strengths. [Mother] clearly has a
strong bond with her children and they show the desire to be
home with her. She has shown the ability to obtain childcare,
but needs to maintain it. If [Mother] develops an appropriate

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 and consistent childcare plan, the team would like to move to a
trial home visit.

Id. at 30.

[12] In its April 22, 2014 Order on Permanency Hearing, the juvenile court accepted

the Permanency Report as presented by DCS and placed Children in Mother’s

home for a trial home visit. Id. at 26. As part of its Order, the juvenile court

ordered Mother to complete the following services: (1) “[s]ign a release for her

therapist to release information to DCS and CASA”; (2) contact Wabash Valley

Alliance (“Wabash Valley”) to begin a transition plan for Children’s services

from Bauer; (3) “[c]ontinue to participate in case management”; and (4)

“[c]ooperate with the IV-D Prosecutor in establishing paternity of [R.B].” DCS

Ex. 2 at 26. It is not clear whether Mother completed these tasks.

[13] About one month later, on May 20, 2014, DCS Case Manager Fristoe filed a

status report with the juvenile court, alleging that during the trial home visit:

(1) S.G. and R.B had started to act out in school and daycare—S.G. was defiant

and argues with the teachers, and R.B. “hit another child at the daycare” and

has been atypically rude; (2) Mother failed to call S.G.’s case manager and

therapist during the trial home visit; (3) Mother failed to provide R.G.’s current

daycare with the necessary documentation and contact numbers; (4) DCS was

unable to obtain records from Alpine Clinic concerning Mother’s individual

therapy; (5) Mother had her license suspended for failing to pay a speeding

ticket; (6) Mother failed to inform DCS she was suspended from her job for five

days “due to falling asleep on the clock”; (7) Mother had not been in
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 communication with DCS. DCS Ex. 3 at 16-17. Case Manager Fristoe asserted

that Mother “hasn’t shown her willingness and ability to provide her children

with structure, stability, and appropriate services they need, while maintaining

an attitude that she does not need to participate anymore, since [Children] are

in her care.” Id. at 17.

[14] The juvenile court held an emergency modification hearing on May 23, 2014.

As part of its order, the juvenile court ordered Mother to complete the following

tasks prior to the June 3, 2014 hearing: (1) set up an appointment for S.G.’s

therapy; (2) communicate with S.G.’s case manager to set up a plan of action

regarding S.G.; (3) obtain Mother’s entire medical file from Alpine Clinic and

provide a copy of the same to all parties; (4) take whatever steps necessary to

reinstate driver’s license; (5) apply for Food Stamps at the Medicaid Office; (6)

obtain documentation showing all rent, utilities, and car payments are current;

(7) provide the current daycare provider with any requested information and/or

documentation; (8) provide a written plan for daycare plans for N.W and S.G.

through the summer. DCS Ex. 2 at 19.

[15] During the June 3, 2014 hearing, the CASA testified that Mother was unable to

accomplish these goals in a timely fashion. Tr. at 510-11. Wabash Valley Case

Manager Tiana Evans (“Evans”) reported that Mother was unable to secure

stable daycare and could not obtain the necessary information for R.B.’s

daycare provider. DCS Ex. 6, May 2014 Wabash Valley Progress Report at 2. At

the conclusion of the hearing, the juvenile court removed Children from

Mother’s home and terminated the trial home visit.

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[16] At the August 26, 2014 permanency hearing, the juvenile court changed the

permanency plan to termination of Parents parental rights, and DCS filed its

petition for termination of parental rights on September 9, 2014. DCS Ex. 2 at

7. The juvenile court held its termination hearing over multiple days—

November 14 and December 15, 2014, and February 6 and March 5, 2015. At

the termination hearings, DCS introduced three volumes of exhibits, which

included periodic reports from DCS Case Manager Fristoe, and separate reports

from Wabash Valley and Bauer, regarding Mother’s progress with services.

Also included in the exhibits were periodic reports about Mother’s visitation

with Children, her ongoing therapy, her drug screens, as well as periodic reports

from the CASA. The following pertinent individuals testified at one or more of

the four termination hearings: Mother; Father; Tiana Evans, who was

Mother’s case manager from Wabash Valley; Erica Eads, who was S.G.’s

school and home-based case manager from Wabash Valley; Mother’s brother;

Aunt; Case Manager Fristoe, who, starting in August 2013, was Mother’s DCS

case manager; the CASA; N.W. and S.G., who were Mother’s oldest two

children; and Tippecanoe Corrections Case Manager Jennifer Horn.

[17] On May 26, 2015, the juvenile court issued its order terminating the parental

rights of Mother and Father. The juvenile court included in its findings that

Mother had a history of being the victim of domestic violence, using excessive

discipline, being overwhelmed with the responsibilities of parenting, having

liaisons or relationships with inappropriate and violent men, struggling with

judgment and decision making, encouraging Children to lie, and failing to

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 obtain appropriate childcare providers. Appellant’s App. at 38. Based on those

and other factors, the juvenile court concluded:

There is a reasonable probability the conditions that resulted in
removal of the child from the parents’ care or the reasons for
continued placement outside the home will not be remedied.
The parents have not demonstrated a willingness to make lasting
changes from past behaviors. There is no reasonable probability
the parents will be able to provide adequately for the children’s
mental, emotional, or basic needs.

Continuation of the parent-child relationship poses a threat to the
well-being of the child. The children need parents with whom
they can form a permanent and lasting bond to provide for their
emotional and psychological as well as physical well-being. The
children’s well-being would be threatened by keeping them in the
parent-child relationships with parents whose own choices and
actions have rendered them unable to meet the needs of their
children.

....

For the foregoing reasons, it is in the best interests of [Children]
that the parental rights of [Mother] … [and Father] … be
terminated and that the children be made available for adoption.

Appellant’s App. at 43. Mother and Father now appeal.

Discussion and Decision
[18] Our Supreme Court has “repeatedly recognized that parental rights are precious

and protected by our Federal and State constitutions.” In re E.M., 4 N.E.3d

636, 641-42 (Ind. 2014) (citing In re Adoption of C.B.M., 992 N.E.2d 687, 692

Court of Appeals of Indiana | Memorandum Decision 79A04-1506-JT-736 | May 20, 2016 Page 13 of 30
 (Ind. 2013)) (internal quotation marks omitted). “Accordingly, when seeking to

terminate parental rights, DCS must prove its case by ‘clear and convincing

evidence,’ Ind. Code § 31-37-14-2 (2008)—a ‘heightened burden of proof’

reflecting termination’s ‘serious social consequences.’” Id. at 642 (quoting In re

G.Y., 904 N.E.2d 1257, 1260-61 & n.1 (Ind. 2009)). “[W]eighing the evidence

under that heightened standard is the trial court’s prerogative—in contrast to

our well-settled, highly deferential standard of review.” In re E.M., 4 N.E.3d at

642. “‘We do not reweigh the evidence or determine the credibility of

witnesses, but consider only the evidence that supports the judgment and the

reasonable inferences to be drawn from the evidence.’” Id. (quoting Egly v.

Blackford Cnty. Dep’t of Pub. Welfare, 592 N.E.2d 1232, 1235 (Ind. 1992)). “We

confine our review to two steps: whether the evidence clearly and convincingly

supports the findings, and then whether the findings clearly and convincingly

support the judgment.” Id. (citing K.T.K. v. Ind. Dep’t of Child Servs., 989 N.E.2d

1225, 1229-30 (Ind. 2013)).

[19] Reviewing whether the evidence “clearly and convincingly” supports the

findings, or the findings “clearly and convincingly” support the judgment, is not

a license to reweigh the evidence. Id. “Rather, it is akin to the ‘reasonable

doubt’ standard’s function in criminal sufficiency of the evidence appeals—in

which we do not reweigh the evidence or assess the credibility of the witnesses,

and consider only whether there is probative evidence from which a reasonable

jury could have found the defendant guilty beyond a reasonable doubt.” Id.

(emphasis in original) (internal quotation marks omitted). “That is, we do not

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 independently determine whether that heightened standard is met, as we would

under the constitutional harmless error standard, which requires the reviewing

court itself to be sufficiently confident to declare the error harmless beyond a

reasonable doubt.” Id. (emphasis in original) (internal quotation marks

omitted). Our review must “give ‘due regard’ to the trial court’s opportunity to

judge the credibility of the witnesses firsthand,” and “not set aside [its] findings

or judgment unless clearly erroneous.” K.T.K., 989 N.E.2d at 1229 (citing Ind.

Trial Rule 52(A)).

[20] Indiana Code section 31-35-2-4(b)(2) provides that a petition to terminate

parental rights of a child in need of services must, in pertinent part, allege the

following:

(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.

....

(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 wellbeing of the
child.

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 ....

(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.

The petitioner must prove each of these elements by clear and convincing

evidence. Ind. Code § 31-37-14-2; see also Castro v. State Office of Family &

Children, 842 N.E.2d 367, 373 (Ind. Ct. App. 2006), trans. denied.

[21] Here, the Parents do not contest the juvenile court’s findings that Children have

been out of their care for more than six months or that DCS deems it a

satisfactory plan for the care and treatment of Children that Grandmother is

willing to adopt N.W. and S.G. and Aunt is willing to adopt R.B. Instead,

Parents argue that DCS failed to prove by clear and convincing evidence that

the conditions that resulted in the removal of Children will not be remedied,

that the continuation of the parent-child relationship with Parents poses a threat

to Children, and that termination of Mother’s and Father’s parental rights is in

Children’s best interests.

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 I. Mother
[22] Mother contends that the evidence was insufficient to support the juvenile

court’s findings of fact and conclusion that the conditions that resulted in

Children’s removal will not be remedied. We disagree.7

[23] In determining whether there is a reasonable probability that the conditions that

led to Children’s removal and continued placement outside the home would not

be remedied, we engage in a two-step analysis. K.T.K., 989 N.E.2d at 1231.

First, we ascertain what conditions led to Children’s placement and retention

outside the home, and second, we determine whether there is a reasonable

probability that those conditions will not be remedied. Id. In the second step,

the juvenile court must judge a parent’s fitness at the time of the termination

proceeding, taking into consideration evidence of changed conditions and

balancing a parent’s recent improvements against “‘habitual pattern[s] of

conduct to determine whether there is a substantial probability of future neglect

or deprivation.’” In re E.M., 4 N.E.3d at 643 (quoting K.T.K., 989 N.E.2d at

1231).

7
DCS is required to prove either (i) the conditions resulting in child’s placement outside the home will not be
remedied, or (ii) the continuation of the parent-child relationship poses a threat to the child’s well-being.
Bester v. Lake Cnty. Office of Family & Children, 839 N.E.2d 143, 148 n.5 (Ind. 2005). Because Indiana Code
section 31-35-2-4(b)(2)(B) is written in the disjunctive, the trial court need only find one of the two elements
proven by clear and convincing evidence. Castro v. State Office of Family & Children, 842 N.E.2d 367, 373 (Ind.
Ct. App. 2006), trans. denied. Finding as we do that the juvenile court did not err in finding clear and
convincing evidence that the conditions that resulted in Children’s removal will likely not change, we need
not address the issue of whether Mother poses a threat to Children.

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[24] Pursuant to this rule, “trial courts have properly considered evidence of a

parent’s prior criminal history, drug and alcohol abuse, history of neglect,

failure to provide support, and lack of adequate housing and employment.”

A.F. v. Marion Cnty. Office of Family & Children, 762 N.E.2d 1244, 1251 (Ind. Ct.

App. 2002), trans. denied. In addition, DCS need not provide evidence ruling

out all possibilities of change; rather, it need establish only that there is a

reasonable probability the parent’s behavior will not change. In re Kay L., 867

N.E.2d 236, 242 (Ind. Ct. App. 2007). “We entrust that delicate balance to the

trial court, which has discretion to weigh a parent’s prior history more heavily

than efforts made only shortly before termination.” In re E.M., 4 N.E.3d at 643.

[25] Here, Children were removed from Mother’s home in connection with her

arrest and subsequent prosecution for having hit and injured Z.S. Further

inquiry revealed that Mother had a history of being the victim of domestic

abuse both as a child and an adult and that Mother historically became

involved with and exposed Children to men who were violent. Additional

concerns about Mother were her harsh discipline style and that Mother, on

occasion, left N.W. alone to care for three to five other children.

[26] During the termination hearings, Case Manager Fristoe testified that Mother’s

parental rights should be terminated. Case Manager Fristoe testified that, in her

opinion, the conditions that resulted in Children being removed from Mother

would not be remedied. Id. at 313-14. Case Manager Fristoe testified that prior

to the trial home visit Mother’s house was usually “really clean”; however,

during the trial home visit “there were things all over the house [and] there was

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 food that would be left out.” Id. at 317. During the four-week trial home visit,

Mother did not schedule counseling appointments for S.G., stopped

communicating with S.G.’s case manager, and did not return paperwork to

S.G.’s school. Tr. at 315-16. Case Manager Fristoe made the following

observations about Mother: “[s]he allows dangerous men around her children

and presents them as father figures, she asks them to call them their fathers; she

will not maintain or prioritize [Children’s] needs regarding education, mental

health, case management; she will not reach out for supports [sic] when she

needs anything; she will cut the relatives out of her life who have been a strong

support for her and for the kids.” Id. at 318.

[27] The CASA explained that Children were removed from the home “due to

abusive relationship where [Mother] became very overwhelmed with stress and

that resulted in an injury to a two year old child 8 where the child was

hospitalized,” and that Mother “lied about the occurrence.” Id. at 505. The

CASA also testified that there were times that Mother used N.W. to babysit for

Children. The CASA stated her concern for the safety of Children because

Mother “gets very overwhelmed and doesn’t recognize when she’s

overwhelmed.” Id. The CASA also cited to problems “regarding inappropriate

caregivers” for Children. Id. Elaborating on the childcare issue, the CASA

stated that “moving toward the trial home visit, it took seven weeks for

8
Mother’s intake officer reported that Z.S. was three years old. DCS Ex. 1 at 2.

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 [Mother] to establish childcare.” Id. at 505-06. With the childcare struggles

Mother “[fell] back into the pattern of calling family members at the last minute

and demanding that they provide the childcare for her.” Id. at 507. The CASA

also testified that the trial home visit fell apart because Mother “treated [S.G.]

very harshly”; “[S.G.] demonstrated very regressive behaviors”; S.G. was

struggling educationally, but Mother wasn’t appropriately acting on those

struggles; concerns arose because childcare “wasn’t holding up very strongly”;

Mother was not keeping up with Children’s therapy, and Mother was not

communicating with S.G.’s service provider. Id. 508-10.

[28] Mother’s brother (“Brother”) and Aunt also testified during the termination

hearings as to their concern regarding returning Children to Mother. Brother

testified that Mother was “entirely capable” of caring for Children, “but she’s

not shown me a willingness to do what she has to do to really be a good mom

like she could be.” Tr. at 182. Brother described Mother’s historical

shortcomings, where Mother would rely on Brother’s financial support and

leave Children with Grandmother and “just check out for a little while.” Id. at

182-84. Brother admitted that he had “not spent a significant amount of time”

at Mother’s home, but when he visited he found the conditions unacceptable—

“dirty and cluttered; dirty dishes;[and] dirty floor.” Id. at 185. Elaborating, he

said that “the kitchen was filthy and nasty and . . . and dirty dishes in the living

room and things like that.” Id. at 201. He further stated that Mother made too

many decisions that exposed Children to “things [and people] they should not

be exposed to,” and sometimes put her needs before Children’s. Id.

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[29] Aunt also testified regarding Mother’s historical shortcomings. Aunt cited to a

childcare problem, which occurred in Chicago, when the caregiver of Children

could not find Mother. Id. at 274. Aunt noted that Mother’s home was usually

“rather cluttered and dirty.” Id. at 250. “Cluttered with clothing and leftover

food containers, baby bottles and diapers that should’ve been either washed or

thrown away.” Id. Mother’s ex-boyfriend threatened Mother and had hit Z.S.

in Aunt’s presence. Aunt also stated that there were times when the family had

to deal with Children having lice. Id. at 246-50, 259.

[30] Case Manager Eads testified that, even though Mother had recently been

answering Eads’s texts and phone calls, Mother had not reached out to work

cooperatively with Eads on S.G.’s issues prior to the plan for termination.

When asked if she was convinced that Mother’s parental rights should be

terminated, Case Manager Eads stated that she could not answer the question

because she had not had enough “supervised visit time” with the family. Tr. at

86-87.

[31] Wabash Valley Case Manager Evans testified that she “was on the fence”

regarding whether Mother’s rights should be terminated. Tr. at 485. While

providing no specifics, Evans testified, “I have not observed [Mother] physically

do anything to harm the children, but I do have some concerns that I think need

to be addressed because it’s important for her address [sic] certain things with

them.” Id. When asked, Case Manager Evans stated that Mother had not

shown a willingness to address those issues. Id. Explaining, Evans said, “I

have voiced my opinion in regards to how she should handle some situations

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 and most of the time it’s an excuse on why she shouldn’t go the way that I’m

saying.” Id. Case Manager Evans also testified that Mother yells frequently.

Evans said she would give Mother a grade of 78% for her participation

throughout the case. Id. at 485-86. During the March 5, 2015 hearing, Evans

testified that Mother was hesitant to meet “because she really didn’t need my

attention.” Id. at 487.

[32] Dr. Vanderwater-Piercy’s psychological evaluation of Mother reported that

individuals with similar test results have: a tendency toward nonconforming

behavior; problems with authority; conflictual interpersonal relationships; and

problems with impulsiveness, sensation-seeking, and acting out when bored.

DCS Ex. 4, Vanderwater-Piercy Psychological Evaluation at 10. These individuals

also have inflated self-image and problematic behavior. Id. The juvenile court

noted that the existence of these traits were amply supported by the testimony

of Brother and Aunt. The juvenile court also believed that Mother’s

estrangement from her family, due in part to family’s disapproval of Mother’s

lifestyle, validated Dr. Vanderwater-Piercy’s findings that individuals with

similar response styles are likely to have a strong need for approval and

validation, may lack self-awareness and insight regarding personality flaws and

problematic behavior, and have an inflated self-image and sense of competence.

Id. These individuals perceive and present themselves as having few faults or

liabilities with respect to their functioning. Id.

[33] The juvenile court, in part, found that Mother’s history of domestic violence

began when she was a child; Mother was sexually abused by a family friend and

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 abused and neglected by her mother. Appellant’s App. at 39. Since the age of

seventeen, Mother had made bad decisions regarding her relationships with

men, some of whom had criminal records and all of whom were physically

abusive to Mother; R.B. was conceived through an act of rape. Id. Children

were placed outside the home because Mother had hit and injured Z.S.

Children remained in relative placement because of Mother’s unwillingness or

inability to find suitable childcare, refusal to take responsibility for her actions,

emotional instability, and unwillingness or inability to see what she has done

wrong, coupled with a lack of understanding as to the nature and requirements

of parenting. Id. at 40. Mother had made inappropriate childcare decisions,

including leaving eleven-year-old N.W. to care for three to five younger

children, and on another occasion, allowing children to be cared for by an

individual who did not have prior approval from DCS. Id. at 39, 40. Mother

did not plan ahead for childcare, which resulted in last minute emergencies and,

on one occasion, Mother asking Children to lie about who was watching them.

Id. at 40.

[34] The juvenile court also found that Mother did not fully understand the nature

and requirements of parenting “such as putting the needs of the children before

her own; whether it is financial, emotional support, time with the children, or

meeting physical and emotional needs.” Id. at 40-41. Mother is self-centered

and simply does not view this as a parenting deficit. The trial home visit did

not go well, as evidenced by S.G. being happy and well-adjusted once placed

with Grandmother, but when the trial home visit neared, S.G.’s behaviors

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 deteriorated, and she had difficulty in school. Id. at 42. Prior to the trial home

visit, DCS and the CASA reminded Mother about the importance of continuing

therapy for the Children, especially as S.G.’s behavioral issues were increasing.

Id. It was a difficult time for the school, and school officials reported that at

times they were unable to reach Mother. Id. Once the trial home visit ended,

many of S.G.’s negative behaviors decreased, and she was doing much better

overall until visits with Mother increased again, when S.G. began displaying

similar behaviors again. Id. The juvenile court also observed that, due to her

childhood, Mother has developed an inability to trust others. Id. Mother has

an unwillingness to cooperate, needs to be in control of her life and

circumstances, and is oppositional defiant to the detriment of Children. Id.

The personality construct as described by Dr. Vanderwater-Piercy renders

Mother incapable of confidently raising Children under circumstances where

Children would be safe and healthy. Id. at 42-43.9

[35] As Mother correctly notes on appeal, some of the juvenile court’s findings of

fact are historical in nature. The importance of these events is not whether they

happened in the past, but whether they provide any insight into future

conditions. Here, the juvenile court had the difficult task of determining

whether there was a probability that these historical conditions would not be

remedied. This case, from CHINS through termination of parental rights, took

9
The juvenile court did not include citations to the record in its findings of fact—an omission that somewhat
hampered our review.

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 place over a period of more than two years. A great deal of evidence, including

three volumes of exhibits and more than six hundred pages of testimony, was

presented to the juvenile court. Numerous witnesses testified. The evidence

before the juvenile court was that Mother had historical issues of being

overwhelmed while caring for Children, using excessive discipline on Children,

and exposing Children to individuals who were violent. In the opinion of Case

Manager Fristoe and the CASA, Mother returned to her old ways during the

trial home visit, and the behavior of S.G. and R.B. had regressed. Tr. at 315-17,

505-10. Case Manager Fristoe concluded that the conditions that resulted in

Children being removed from Mother would not be remedied. Id. at 313-14.

[36] The juvenile court heard the testimony and saw the demeanor of the witnesses.

From this vantage point, the juvenile court sifted through the evidence to

conclude, “[t]he parents have not demonstrated a willingness to make lasting

changes from past behaviors,” and “there is no reasonable probability the

parents will be able to provide adequately for children’s mental, emotional, or

basic needs.” Appellant’s App. at 43. Mother urges this court to consider that

she maintained housing and employment, among other factors. This is a

request that we reweigh the evidence and judge the credibility of witnesses,

which we will not do. In re E.M., 4 N.E.3d at 642. We cannot say that it was

error for the juvenile court to find that the conditions that resulted in the

termination of Mother’s parental rights will not be remedied.

[37] Mother next argues that there was insufficient evidence to prove that

termination was in the best interests of Children. In determining the best

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 interests of a child, the trial court must look beyond the factors identified by

DCS and consider the totality of the evidence. In re J.S., 906 N.E.2d 226, 236

(Ind. Ct. App. 2009). “In so doing, the trial court must subordinate the interests

of the parent to those of the child.” Id. Children have a paramount need for

permanency, which our Supreme Court has deemed a central consideration in

determining a child’s best interests. In re E.M., 4 N.E.3d at 647-48. Courts

need not wait until a child is harmed irreversibly before terminating the parent-

child relationship. Id. The testimony of service providers may support a

finding that termination is in the child’s best interests. In re A.K., 924 N.E.2d

212, 224 (Ind. Ct. App. 2010), trans. dismissed; see Stewart v. Ind. Dep’t of Child

Servs., 906 N.E.2d 226, 236 (Ind. Ct. App. 2009) (we have repeatedly

recognized that testimony of family case manager and CASA, in addition to

evidence demonstrating reasonable probability that the conditions that resulted

in removal of child would not be remedied, is sufficient to show by clear and

convincing evidence that termination is in child’s best interests).

[38] During the home visit, Mother had been unable to accomplish all of the tasks

assigned to her by DCS and could not maintain the therapy appointments

required to address S.G.’s mental health issues. Children were close to their

maternal relatives. At the time of the termination hearings, N.W. and S.G. had

lived with Grandmother, and R.B. had lived with Aunt, for more than two

years. In addition to the testimony of Case Manager Fristoe and the CASA, the

juvenile court heard testimony that Mother and Children are clearly bonded

and want to live together. For many of the above-cited reasons, Case Manager

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 Fristoe and the CASA made clear their opinions that it was in Children’s best

interests to terminate Mother’s parental rights. Tr. at 318-19, 504. Brother

testified, “[I]t’s been proven over and over to me that it’s just what’s going to be

best for the girls is that [Mother’s] not in charge of their care anymore. And

maybe what’s best for her too.” Id. at 199. Brother also testified that there had

been times when Mother did what she needed to do to take care of Children

and herself, but “those stretches seem rare in retrospect,” especially over the

course of thirteen years. Id. at 200. It was the juvenile court’s duty to review

the record, assess the credibility of the witnesses, weigh the evidence, and

determine the best interests of Children. The juvenile court’s determination

that termination of Mother’s parental rights is in S.G.’s best interests is

supported by clear and convincing evidence and, therefore, is not clearly

erroneous.

II. Father
[39] Father argues that the evidence was insufficient to support the termination of

his parental rights. S.G. testified that she loves Father and would like to see

him again. Tr. at 398. Father likewise testified that he loves S.G. a lot and has

a good relationship with her. Id. at 603. Father explained that he had not

attended most of the hearings because his driver’s license was suspended, and

his vehicles were not working properly. Id. While admitting to having a

pending misdemeanor charge, Father expressed the belief that it was going to be

dismissed. Id. at 601-02. Father urged the juvenile court not to terminate his

parental rights, saying, “I have nothing to do with what’s going on with this

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 situation with [Mother]. Me and [S.G.] have a really good relationship and I

don’t think I should get my parental rights deleted because of somebody else’s

problems.” Id. at 604.

[40] Case Manager Fristoe testified that Father has a history of substance abuse and

has a major criminal conviction. Father was ordered to participate in certain

services and have visitation with S.G. Although Father participated in an

assessment, Case Manager Fristoe testified that he “didn’t follow through with

anything.” Id. at 320. Additionally, Case Manager Fristoe testified that while

Father’s home was a ninety-minute drive away, he had not, to her knowledge,

made any effort to reach out and communicate with S.G. Id. at 320-21.

Mother testified that once the case started, Father’s contact with S.G. became

“practically non-existent.” Id. at 572.

[41] The majority of the juvenile court’s findings and conclusions focused on

whether Mother’s parental rights should be terminated. The juvenile court,

however, made the following findings and conclusions regarding Father.

Father’s relationship with Mother lasted one year, and Father was physically

abusive towards Mother; Mother left Father after he hit her while she was

pregnant with S.G. Appellant’s App. at 39. Father has been in S.G.’s life

sporadically, but he has only seen her twice since he was released from prison

after serving time for a cocaine conviction. Father lives about ninety minutes

from S.G. and has not played a significant role in her life. Id. at 43.

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[42] While S.G. was not removed from Father’s care, to maintain his parental

rights, DCS required Father to complete certain services. While Father

completed an assessment, he did not complete any of the other services.

Equally important, Father did not increase his contact with S.G. Father has

shown little interest in taking responsibility for S.G.’s care. The juvenile court’s

determination that termination of Father’s parental rights is in S.G.’s best

interests is supported by clear and convincing evidence and therefore is not

clearly erroneous.

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

courts are called upon to make.” In re E.M., 4 N.E.3d at 640. “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.” Id. Over the four-day hearing, the juvenile

court was presented with conflicting evidence through the testimony of

numerous witnesses and three volumes of exhibits. “Because a case that seems

close on a ‘dry record’ may have been much more clear-cut in person, we must

be careful not to substitute our judgment for the trial court when reviewing the

sufficiency of the evidence.” Id.

[44] We will reverse a termination of parental rights “only upon a showing of ‘clear

error’—that which leaves us with a definite and firm conviction that a mistake

has been made.” In re A.N.J., 690 N.E.2d 716, 722 (Ind. Ct. App. 1997)

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 (quoting In re Egly, 592 N.E.2d at 1235). Based on the record before us, we

cannot say that the juvenile court’s termination of Mother’s or Father’s parental

rights to Children was clearly erroneous. We affirm the juvenile court’s

judgment.

[45] Affirmed.

Mathias, J., and Brown, J., concur.

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