In the Matter of the Termination of the Parent-Child Relationship of B.J.G., Mother, and B.G., Minor Child, B.J.G. v. Indiana Department of Child Services and Child Advocates, Inc. (mem. dec.)

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be FILED
regarded as precedent or cited before any Oct 30 2019, 8:52 am

court except for the purpose of establishing CLERK
Indiana Supreme Court
the defense of res judicata, collateral Court of Appeals
and Tax Court
estoppel, or the law of the case.

ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLEE
Steven J. Halbert INDIANA DEPARTMENT OF CHILD
Indianapolis, Indiana SERVICES
Valerie K. Boots Curtis T. Hill, Jr.
Marion County Public Defender Agency Attorney General of Indiana
Appellate Division Katherine A. Cornelius
Indianapolis, Indiana Robert J. Henke
Deputy Attorneys General
Indianapolis, Indiana
ATTORNEY FOR APPELLEE CHILD
ADVOCATES, INC.1
DeDe K. Connor
Indianapolis, Indiana

IN THE
COURT OF APPEALS OF INDIANA

1
Child Advocates, Inc. did not file a separate appellee’s brief.

Court of Appeals of Indiana | Memorandum Decision 19A-JT-976 | October 30, 2019 Page 1 of 20
 In the Matter of the Termination October 30, 2019
of the Parent-Child Relationship Court of Appeals Case No.
of B.J.G., Mother, and B.G., 19A-JT-976
Minor Child, Appeal from the
B.J.G., Marion Superior Court
The Honorable
Appellant-Respondent,
Marilyn A. Moores, Judge
v. The Honorable
Scott Stowers, Magistrate
Trial Court Cause No.
Indiana Department of Child
49D09-1809-JT-1118
Services,
Appellee-Petitioner,

and

Child Advocates, Inc.,

Appellee-Guardian Ad Litem.

Kirsch, Judge.

[1] B.J.G. (“Mother”) appeals the juvenile court’s order involuntarily terminating

her parental rights to her child, B.G. (“Child”), raising the following restated

issues:

I. Whether the juvenile court’s findings are generally
defective because the Indiana Department of Child
Services (“DCS”) did not present evidence to reflect
Mother’s “current conditions” at the time of the
termination hearing; and

II. Whether the judgment terminating Mother’s parental
rights was clearly erroneous because DCS failed to

Court of Appeals of Indiana | Memorandum Decision 19A-JT-976 | October 30, 2019 Page 2 of 20
 demonstrate by clear and convincing evidence that Mother
posed a threat to Child’s well-being or that the conditions
resulting in Child’s removal would not be remedied.

[2] We affirm.

Facts and Procedural History
[3] Child was born to Mother on August 4, 2017.2 Three days later, DCS filed a

petition alleging that Child was a child in need of services (“CHINS”) because

Child was born “drug exposed.”3 Tr. Vol. II at 115. Child remained in the

hospital’s neonatal intensive care unit for about a month. Id. at 133.

Meanwhile, the CHINS court removed Child from Mother’s care and custody

following an August 8, 2017 “Initial/Detention Hearing” and ordered Child to

be placed in foster care upon her release from the hospital. Ex. Vol. I at 84.

Child was adjudicated a CHINS on October 5, 2017, after Mother admitted she

“need[ed] assistance to maintain sobriety . . . [and] the coercive intervention of

the Court [was] necessary to ensure [Child’s] safety and well-being.” Id. at 65.

Following a November 2, 2017 hearing, the CHINS court entered a

2
The parent-child relationship between Child and Child’s biological father was terminated by default on
February 15, 2018, and he does not participate in this appeal. Ex. Vol. I at 35. Accordingly, we set forth only
the facts that pertain to Mother.
3
The CHINS petition included an allegation that Child was born with fetal alcohol syndrome or with
controlled substance or legend drug in Child’s body. Ex. Vol. I at 50. Because Mother admitted that Child
was a CHINS, there was no fact-finding during the CHINS hearing. Accordingly, specific material facts
were redacted from the CHINS petition prior to it having been admitted into evidence. Tr. Vol. II at 77; Ex.
Vol. I at 50. However, explanation of Child’s “drug exposure” can be found elsewhere in the record. See Tr.
Vol. II at 23, 24 (Mother began using opioids around age twenty-four and began using heroin at age twenty-
five; Child was born one month shy of Mother turning twenty-six).

Court of Appeals of Indiana | Memorandum Decision 19A-JT-976 | October 30, 2019 Page 3 of 20
 dispositional order, directing Mother to participate in reunification services. Id.

at 56. Mother was incarcerated at that time; however, because she was

scheduled to be released in December 2017, the CHINS court ordered Mother

to contact DCS within seventy-two hours of her release. Id. at 57.

[4] Mother had four children, including Child. Tr. Vol. 2 at 22. Seven months

prior to Child’s birth, DCS filed a CHINS petition as to Child’s half-siblings,

K.H. and L.P. Ex. Vol. I at 140-43. During a January 26, 2017 pre-trial

hearing, Mother admitted that K.H. and L.P. needed services and that the

CHINS court’s intervention was necessary because Mother “need[ed] assistance

in maintaining a home free from substance abuse.” Id. at 120. K.H. and L.P.

were not returned to Mother’s care.4

[5] On May 10, 2017, when she was six months pregnant with Child, Mother was

arrested and charged with Level 6 felony possession of cocaine and Class B

misdemeanor possession of marijuana. Ex. Vol. II at 4. The trial court issued

multiple warrants for Mother’s failure to appear while the case moved toward

trial. Id. at 4, 6, 7, 8. On January 15, 2019, pursuant to a plea agreement,

Mother pleaded guilty to possession of cocaine, and the State dismissed the

possession of marijuana count. Id. at 16. The trial court sentenced Mother to

365 days in jail, all of which was suspended. Id. at 16, 19. As a condition of

4
In March 2017, the CHINS court dismissed the case as to K.H. and granted K.H.’s father sole physical
custody. Ex. Vol. I at 110, 202. In September 2018, L.P. was placed in L.P.’s father’s care on the
recommendation of father’s home-based case manager. Id. at 162.

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 that suspension, the trial court ordered Mother to participate in weekly drug

screens and complete a substance abuse assessment.5 Id. at 16, 19.

[6] Meanwhile, on August 19, 2017, about a week after DCS had filed the CHINS

petition regarding Child, Mother again was charged with multiple drug-related

crimes. Id. at 23. Those crimes were charged separately under cause numbers

49G20-1708-F3-30521 and 49G20-1708-F4-30079. Id. at 23, 38. Mother “was

apparently incarcerated on [those] charges until December 2017.” Appellee’s Br.

at 7 (citing Tr. Vol. II at 30). The trial court dismissed cause number 49G20-

1708-F4-30079 on February 2, 2018. Ex. Vol. II at 38, 43. On January 7, 2019,

Mother pleaded guilty in cause number 49G20-1708-F3-30521 to dealing in

cocaine and received a sentence of 1095 days; Mother had served 112 days, had

earned credit for 37 days, and the remaining 946 days were suspended. Id. at

35.

[7] On August 23, 2018, after Mother had been charged, but before she had

pleaded guilty to possession of cocaine and dealing in cocaine, the CHINS

court held a permanency hearing and modified Child’s permanency plan to

adoption. Ex. Vol. I at 35. In support of that modification, the CHINS court

found: (1) Child’s case had been open for a year and no service provider was

recommending that Child be returned to the care of Mother; (2) although

Mother said she was going “in-patient for drug treatment,” her whereabouts

5
The record before us contains no information about whether Mother participated in these court-ordered
drug screens and substance abuse assessments.

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 were unknown to DCS; (3) Mother continued to struggle with drug abuse; (4)

during the one-year period that Child’s case had been open, Mother made no

meaningful progress toward sobriety; (5) Mother had not consistently visited

Child, and when she did, she often ended the visits early; and (6) Mother did

not successfully complete home-based services.6 Id.

[8] On September 21, 2018, after Mother had pleaded guilty to two cocaine-related

offenses, DCS filed a petition to terminate Mother’s parental rights (“TPR”).

Appellant’s App. Vol. II at 17. The juvenile court held a fact-finding hearing on

January 16 and February 26, 2019. Tr. Vol. II at 2. During the hearing, Joy

Boyd (“Boyd”), a therapist with Families First Indiana, testified that she

received Mother’s referral for home-based therapy in December 2017. Id. at 97.

Boyd stated that she met with Mother four to five times a month. Id. at 98.

Initially, Mother was “very engaging” but at times Mother struggled to stay

focused and was inconsistent in her attendance. Id. Boyd testified that during

their sessions Mother had difficulty focusing on her established treatment plan

goals; Mother appeared preoccupied and even disinterested during sessions. Id.

at 101. There were periods of time when Mother would not schedule, would

cancel, or would not show up for appointments. Id. at 98. On June 13, 2018,

6
Mother contends that there was no evidence or testimony regarding her drug usage from April 2018
through the termination hearings in January and February 2019. Appellant’s Br. at 6. We disagree. During
the termination hearing, Rondre Smith, a home-based case worker with Hope Counseling Associates,
testified, “On the 17th of August, [2018] I received a text message from [Mother] stating that she wasn’t able
to have her visit [with Child,] and that she was going to pursue rehab.” Tr. Vol. 2 at 54. Thus, Mother
clearly had an issue with drug abuse even after her last drug screen in April 2018.

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 since Mother had not successfully completed the goals she set with Boyd at the

beginning of their work together, Boyd discharged Mother “due to her lack of

progress.” Id. at 103, 109. At the time of Mother’s discharge, Boyd was

concerned about Mother’s emotional regulation, stability, and sobriety. Id. at

104.

[9] Megan McCully (“McCully”), a substance abuse counselor with Families First,

testified that Mother took part in a substance abuse assessment on April 12,

2018. Tr. Vol. II at 19. Mother told McCully that she began using opioids at

age twenty-four and began using heroin when she was twenty-five. Id. at 23.

McCully said that Mother had streaks of sobriety but her tolerance for certain

drugs suggested that she had used drugs longer than one year. Id. at 25.

Mother claimed that she had abstained from drug use from August 2017

through January 2018. Id. at 30. This sobriety was achieved without formal

treatment; however, McCully said that Mother was incarcerated most of the

time when she was sober. Id. at 30-31. Mother admitted to McCully that she

relapsed and resumed using heroin from February through April 2018. Id. at

23. In fact, Mother said she had even used heroin the night before her April

2018 substance abuse assessment. Id. Mother admitted to McCully that she

sometimes used drugs at home when her other children were asleep yet claimed

that a sober person was always in the house at the time. Id. at 26.

[10] McCully testified that she referred Mother to a sixteen-week intensive

outpatient program (“IOP”) to address substance abuse issues. Id. at 31. The

administrator of that program, Shannon Alford (“Alford”), explained that, each

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 week for the first eight weeks, a client must attend three, three-hour sessions.

Id. at 35. Additionally, a client must attend two recovery support meetings per

week and must take a weekly drug screen. Id. “The second part of treatment is

a step down where [clients] come one time a week for two hours and still have

to fulfill those other requirements.” Id. Alford explained that IOP has a “three

absence rule” and if a client is a “no call” or “no show” within the first three

sessions, they are automatically discharged. Id. at 36-37. Mother was supposed

to begin IOP classes on April 20, 2018; however, she missed the first three

sessions and was “unsuccessfully discharged” on April 27, 2018.7 Id. at 37.

[11] Mother’s urine drug screen, taken on April 12, 2018, tested positive for

buprenorphine, norbuprenorphine, fentanyl, and norfentanyl. Id. at 90; Ex. Vol.

I at 9. Mother had a second screen on April 19, 2018 and tested positive for

fentanyl, norfentanyl, and morphine. Tr. Vol. II at 11; Ex. Vol. I at 5. During

her February 26, 2019 testimony, DCS family case manager Tianna Ceaser

(“FCM Ceaser”) testified that she receives lab reports when a parent submits to

drug screens. Tr. Vol. II at 124. During her February 2019 testimony, FCM

Ceaser said she had not received a report about Mother’s screening for at least

six months. Id. at 125.

7
Citing to Petitioner’s Exhibit 19, Mother contends, “The caseworkers were in agreement that [Mother] was
cooperative and compliant with services up through April 2019.” Appellant’s Br. at 7. We note that Exhibit
19 is dated April 2018 and, therefore, it cannot support a proposition that refers to 2019.

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[12] In June 2018, Mother’s case was transferred from Boyd to Elsbury, a home-

based therapist with Families First. Id. at 39. Elsbury completed Mother’s

intake on June 27, 2018. Id. The first time Mother appeared for her

assessment, she had a panic attack in the lobby while awaiting the appointment.

Id. at 42. Elsbury and Mother spoke to neutralize the panic attack and

brainstorm about how Mother could successfully attend a future assessment.

Id. at 45. Elsbury rescheduled the assessment, making it a one-on-one session

and setting the time so that Mother could avoid a long wait in the lobby. Id. at

47. Elsbury met with Mother at home just prior to the appointment and offered

to give Mother a ride. Id. Mother declined the offer and did not attend the

drug assessment. Id.

[13] In early July 2018, Elsbury began therapy with Mother once a week. Later,

therapy increased to twice a week at Mother’s request. Id. at 39, 40. Mother

met with Elsbury five times and was initially engaged during sessions. Id.

However, during Mother’s last session, on July 31, 2018, she was distracted and

hard to engage. Mother then had “three no call no shows.” Id. at 41. Pursuant

to Families First policy—that a client must be discharged after “three no call no

shows”—Mother was “unsuccessfully discharged” on August 21, 2018. Id.

[14] Rondre Smith (“Smith”), a home-based case worker with Hope Counseling

Associates, testified that it was his job to oversee visitation and connect Mother

with resources in the community, such as housing, employment, transportation,

and substance abuse programs. Id. at 53. Smith worked with Mother for about

seven months, beginning in December 2017. Id. at 53-54. Smith testified that,
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 during that time, Mother remained unemployed. Id. at 56. While Mother

found housing, Smith testified that Mother’s housing was not stable; during the

seven months they worked together, Mother moved three times. Id. at 62.

After Mother’s third move, where she lived with her godmother, Mother no

longer tried to find her own place to live. Id. at 60.

[15] Smith said that Mother was also inconsistent about attending supervised visits

with Child. Id. at 54. Mother complied in the beginning, but by late July or

early August 2018, Mother became difficult to contact and often cancelled or

failed to attend scheduled visits with Child. Id. Mother’s last visit with Child

occurred on August 10, 2018. Id. On August 17, 2018, Mother texted Smith to

say she was not able to have her visit with Child, and “she was going to pursue

rehab.” Id. The visitation referral closed on August 24, 2018 due to lack of

contact, and Smith discharged Mother from the program. Id. at 55. Smith had

no contact with Mother after her discharge, and at the time of the fact-finding

hearing, Smith had not known the status of Mother’s employment or housing

for about six months. Id. at 56-57, 61-62.

[16] Regarding Child’s best interest, FCM Ceaser testified: (1) it was in Child’s best

interest to terminate the parent-child relationship; and (2) Mother should not be

given additional time to prove her ability to parent. Id. at 121. The guardian ad

litem (“GAL”) testified that he had recommended during the August 23, 2018

permanency hearing that Child’s plan be changed from reunification to

adoption. Id. at 136. The GAL believed termination was in the best interests of

Child. Id. at 137, 139. The GAL based this opinion on his belief that Mother

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 was not appropriately engaged in services and had not remedied her substance

abuse disorder. Id. at 137. The GAL found that Mother had not remedied the

reasons for DCS involvement. Id. at 137-38. The GAL further considered that

the foster home placement, which was pre-adoptive, was nurturing and met

Child’s needs. Id. at 137.

[17] One of Child’s foster parents testified that Child had lived with her family since

September 2017, when Child was released from hospital. Child arrived at foster

parents’ home with some special needs; Child had stiff and rigid muscles and

issues with stomach aches. Id. at 67. In addition to caring for Child, the foster

parents had taken Child to physical therapy to alleviate the rigidity of her

muscles. Id. at 70. Child had bonded to her foster parents, who testified that

they were prepared to adopt Child. Id. at 69.

[18] On March 25, 2019, the juvenile court issued findings of fact and conclusions of

law, terminating Mother’s parent-child relationship. Appellant’s App. Vol. II at

124-27. The juvenile court concluded:

46. There is a reasonable probability that the conditions that
resulted in the child’s removal and continued placement outside
of the home will not be remedied by her mother. [Mother]
continues to struggle with drug abuse. She has failed to complete
any services designed to address substance abuse and stability
issues. She has not maintained contact with the FCM and has
made no significant or sustained progress towards reunification.

47. Continuation of the parent-child relationship poses a threat
to the child’s well-being in that it would serve as a barrier for her
obtaining permanency through an adoption when her mother is
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 unable to provide permanency and parent. [Mother] has not seen
[Child] since August 2018 and after previous parenting time
sessions, the child would suffer sleep disruptions.

48. Termination of the parent-child relationship is in [C]hild’s
best interests. Termination would allow her to be adopted into a
stable and permanent home where her needs will be safely met.

49. There exists a satisfactory plan for the future care and
treatment of [C]hild, that being adoption.

50. The Guardian ad Litem agrees with the permanency plan of
adoption as being in [C]hild’s best interests.

Id. at 127. Mother now appeals the termination of her parental rights.

Discussion and Decision
[19] As our Supreme Court has observed, “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[.]” In re E.M., 4 N.E.3d 636, 640 (Ind. 2014). While the Fourteenth

Amendment to the United States Constitution protects the traditional right of a

parent to establish a home and raise her child, and parental rights are of a

constitutional dimension, we may terminate those rights when a parent is

unable or unwilling to meet her responsibilities as a parent. K.T.K. v. Ind. Dep’t

of Child Servs., 989 N.E.2d 1225, 1230 (Ind. 2013).

[20] Thus, parental rights are not absolute and must be subordinated to the child’s

best interest in determining the appropriate disposition of a petition to terminate
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 the parent-child relationship. Id. The purpose of terminating parental rights is

not to punish the parent but to protect the child. Z.B. v. Ind. Dep’t of Child Servs.,

108 N.E.3d 895, 902 (Ind. Ct. App. 2018), trans. denied. The juvenile court need

not wait until the child is irreversibly harmed, such that her physical, mental,

and social development is permanently impaired, before terminating the parent-

child relationship. Id. at 903. The court must judge a parent’s fitness to care for

her children at the time of the termination hearing. A.D.S v. Ind. Dep’t of Child

Servs., 987 N.E.2d 1150, 1157 (Ind. Ct. App. 2013), trans. denied. However,

requiring trial courts to give due regard to changed conditions “does not

preclude them from finding that parents’ past behavior is the best predictor of

their future behavior.” E.M., 4 N.E.3d at 643.

[21] When reviewing a termination of parental rights, we will not reweigh the

evidence or judge the credibility of the witnesses. Z.B., 108 N.E.3d at 900.

Instead, we consider only the evidence and reasonable inferences that are most

favorable to the judgment. In re H.L., 915 N.E.2d 145, 149 (Ind. Ct. App.

2009). Where, like here, the juvenile court entered specific findings and

conclusions, we apply a two-tiered standard of review. In re B.J., 879 N.E.2d 7,

14 (Ind. Ct. App. 2008), trans. denied. First, we determine whether the evidence

supports the findings, and second, we determine whether the findings support

the judgment. Id. Moreover, in deference to the trial court’s unique position to

assess the evidence, we will not set aside the court’s judgment terminating a

parent-child relationship unless it is clearly erroneous. H.L., 915 N.E.2d at 148-

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 49. If the evidence and inferences support the trial court’s decision, we must

affirm. A.D.S., 987 N.E.2d at 1156.

[22] Before an involuntary termination of parental rights may occur, DCS is

required to allege and prove, among other things:

(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 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.

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 Ind. Code § 31-35-2-4(b)(2). DCS must prove the alleged circumstances by

clear and convincing evidence. In re H.L., 915 N.E.2d at 149. If the juvenile

court finds that the allegations in a petition are true, it shall terminate the

parent-child relationship. Ind. Code § 31-35-2-8(a).

I. Findings
[23] Mother does not contest the accuracy of the juvenile court’s specific factual

findings. Instead, Mother claims that those findings are generally defective

because DCS did not present evidence to reflect Mother’s “current conditions”

at the time of the termination hearing. Appellant’s Br. at 10. We disagree.

Mother concedes that her substance abuse problem led to the removal of Child

immediately after Child’s August 2017 birth. Id. at 9. Nevertheless, Mother

contends that the evidence presented at the termination hearing showed that

Mother had maintained sobriety after Child’s birth for about six or seven

months, August 2017 through January 2018. Id. Mother also asserts that her

August 2018 statement to McCully, that she was going to rehab, revealed that

Mother “was taking positive steps on her own to address her history of abuse.”

Id.

[24] From Mother’s offered evidence, we cannot extrapolate that Mother was drug

free and stable at the time of the termination hearing. In August 2018, Mother

texted Smith to say “she was going to pursue rehab”; however, Mother did not

inform Smith as to the rehab location nor did she provide proof of participation.

Tr. Vol. II at 54. Mother and Smith had no additional contact after August

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 2018. Id. Furthermore, although DCS had referred Mother to various home-

based therapists, caseworkers, and drug counselors, those providers testified

that Mother was discharged from each of their programs because Mother was

either not progressing in services or had stopped attending services. After

Mother was unsuccessfully discharged from various programs, she had no

additional contact with DCS or her providers. Here, Mother is the one who

prevented DCS from knowing about Mother’s current status at the time of the

termination hearing; therefore, we cannot now give Mother the benefit of

assuming that she is drug free and stable. Because Mother does not challenge

the juvenile court’s specific findings, we must accept those findings as true. See

In re S.S., 120 N.E.3d 605, 610 (Ind. Ct. App. 2019) (citing McMaster v.

McMaster, 681 N.E.2d 744, 747 (Ind. Ct. App. 1997)) (where parent has not

challenged factual findings, court on appeal “must accept the findings as true”).

II. Conclusions
[25] Mother, likewise, does not contest the juvenile court’s conclusions that: (1)

Child has been removed from Mother’s care for at least six months under a

dispositional order; (2) the termination is in the best interest of Child; and (3)

adoption is a satisfactory plan for the care and treatment of Child. Appellant’s

App. Vol. II at 127. Instead, Mother argues that DCS did not meet its burden of

proving under Indiana Code section 31-35-2-4(b)(2)(B) that conditions resulting

in Child’s removal will not be remedied and that the continuation of Mother’s

relationship with Child poses a threat to Child’s safety. Appellant’s Br. at 10, 14.

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[26] It is well-settled that because Indiana Code section 31-35-2-4(b)(2)(B) is written

in the disjunctive, the juvenile court need find only one of the following: (1) the

conditions resulting in removal from or continued placement outside the

parent’s home will not be remedied; (2) the continuation of the parent-child

relationship poses a threat to the child; or (3) the child has been adjudicated a

CHINS on two separate occasions. See In re D.D., 804 N.E.2d 258, 266 (Ind.

Ct. App. 2004), trans. denied. Therefore, where one of these three factors has

been proven by clear and convincing evidence, it is not necessary for DCS to

prove, or for the juvenile court to find, any of the other factors listed in Indiana

Code section 31-35-2-4(b)(2)(B). Id. Accordingly, here, we focus only on the

question of whether the conditions that led to Child’s removal and placement

outside Mother’s care will not be remedied.

[27] When deciding whether there is a reasonable probability that the conditions

resulting in a child’s removal or continued placement outside of a parent’s care

will not be remedied, the juvenile court must determine a parent’s fitness to care

for the child at the time of the termination hearing while also taking into

consideration evidence of changed circumstances. A.D.S., 987 N.E.2d at 1156-

57. The juvenile court may disregard efforts made only shortly before

termination and give more weight to a parent’s history of conduct prior to those

efforts. K.T.K., 989 N.E.2d at 1234.

[28] Mother has a total of four children, none of whom were in Mother’s care at the

time of the termination hearing. Mother began using opioids when she was

twenty-four years old and heroin when she was twenty-five. See Tr. Vol. II at

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 23, 24. When Mother was two months pregnant with Child, DCS filed a

CHINS petition regarding two of Mother’s other children, K.H. and L.P. Ex.

Vol. I at 140-43. While Mother’s rights to those children were not terminated,

those children now live with their respective fathers. Id. at 110, 162, 202.

When Mother was six months pregnant with Child, Mother was charged with

drug-related crimes. Child was born “drug exposed.” Tr. Vol. II at 115-16.

While Child remained in intensive care for about a month, Child was removed

from Mother’s custody after Mother admitted that Child was a CHINS. A few

days after Child’s birth, Mother was again charged with drug-related crimes.

Ex. Vol. II at 23. Mother was incarcerated and remained in jail until December

2017. Meanwhile, the CHINS court proceeded to disposition and ordered

Mother to contact DCS within seventy-two hours of her release and, thereafter,

participate in services toward reunification with Child. Appellant’s App. Vol. II

at 125.

[29] It is true that Mother was sober after Child’s birth, from August 2017 through

January 2018; however, Mother was incarcerated for at least four of those

months. Tr. Vol. II at 30-31. Furthermore, Mother began to use drugs again in

February 2018 and even used drugs the night before she was due to have her

April 12, 2018, scheduled drug abuse assessment. Appellant’s App. Vol. II at 132.

DCS provided Mother with numerous service providers. Home-based therapist

Boyd worked with Mother from December 2017 through June 2018 but

discharged Mother as unsuccessful due to her lack of progress. Tr. Vol. II at

103. Boyd remained concerned about Mother’s emotional regulation, stability,

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 and sobriety and referred Mother to Elsbury. Id. at 104. Mother’s intake with

Elsbury occurred on June 27, 2018. Mother attended a total of five sessions;

however, by the end of July 2018, Mother stopped participating. After Mother

had three no call/no shows, was only in the first stage of a five-stage process,

and was making no progress, Elsbury unsuccessfully discharged Mother on

August 21, 2018.

[30] In August 2018, Mother texted Smith to say “she was going to pursue rehab”;

however, Mother provided no proof of participation. Tr. Vol. II at 54. Mother

and Smith had no additional contact after August 2018. Id. After Mother was

unsuccessfully discharged from various programs, she had no additional contact

with DCS or her providers. Without additional contact, the juvenile court

could not assume that Mother was drug free and stable.

[31] Mother did not maintain contact with DCS. Without additional information

from Mother, DCS presented clear and convincing evidence that Mother

continued to struggle with drug abuse, failed to complete any services designed

to address substance abuse and stability issues, and had made no significant

sustained progress toward reunification. This evidence supported the juvenile

court’s conclusion that there is a reasonable probability that Mother will not

remedy the conditions resulting in Child’s removal. The juvenile court’s

termination of Mother’s parent-child relationship with Child was not clearly

erroneous.

[32] Affirmed.

Court of Appeals of Indiana | Memorandum Decision 19A-JT-976 | October 30, 2019 Page 19 of 20
Baker, J., and Crone, J., concur.

Court of Appeals of Indiana | Memorandum Decision 19A-JT-976 | October 30, 2019 Page 20 of 20