Dull v. Delaware County Department of Public Welfare

521 N.E.2d 972, 1988 Ind. App. LEXIS 313, 1988 WL 35430
CourtIndiana Court of Appeals
DecidedApril 21, 1988
Docket18A02-8705-CV-00200
StatusPublished
Cited by23 cases

This text of 521 N.E.2d 972 (Dull v. Delaware County Department of Public Welfare) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dull v. Delaware County Department of Public Welfare, 521 N.E.2d 972, 1988 Ind. App. LEXIS 313, 1988 WL 35430 (Ind. Ct. App. 1988).

Opinions

BUCHANAN, Judge.

CASE SUMMARY

Respondents-appellants Orville Dull (Orville) and Helen Dull (Helen) [hereinafter collectively referred to as the Dulls] appeal from the trial court's judgment terminating their parental rights in their minor children, Jeremy Randall Dull (Jeremy) and Rebecca Lynn Dull (Rebecca) [hereinafter collectively referred to as the children}.

We affirm.

FACTS

Jeremy, born July 15, 1978 and Rebecca, born December 830, 1982 were removed from the Dulls' custody on February 8, 1985. Helen and Orville are mildly retarded with I.Q.'s of 62 and 72, respectively. Both experienced substantial difficulty in learning, self-direction, and socialization skills. Jeremy and Rebecca were declared children in need of services1 on July 1, 1985, and a dispositional decree was entered on December 10, 1985. Supervised court-ordered services were provided to the Dulls by the Delaware County Department of Public Welfare (DPW) which included full-time day care services for Rebecca, nutrition instruction, family and mental health counseling services, and parent consultation.

On October 20, 1986, the DPW petitioned to terminate the Dulls' parental rights. Following a hearing on the petition, the trial court entered judgment terminating the parent-child relationship of the Dulls and their children on February 11, 1987, and made the following findings:

"FINDINGS OF FACT
1. That the minor children Jeremy Dull, born July 15, 1978 and Rebecca Dull, born December 30, 1982 are the biological children of Orville and Helen Dull.
2. That on the 1st day of July, 1985, Jeremy Dull and Rebecca Dull were declared Children in Need of Services in accordance with Indiana Code 31-6-4-8(a)(1).
8. That on the 8th day of February, 1985, said children, Jeremy Dull and Re-becea Dull, were placed in a licensed foster home. That said children have been removed from the parents under a dispositional decree, and said children, have been removed from the parents' custody in excess of six months under said dispositional order.
4. That Orville Dull and Helen Dull lack appropriate parenting skills, which is demonstrated by disregard of positive attention towards their children, lack of demonstration of physical and emotional nuturing [sic] and neglect of the children's welfare which has been detrimental to Jeremy Dull and Rebecca Dull's growth and development resulting in significant development, emotional and social delays prior to their removal, and that said conditions will continue to exist if the children were to reside with their parents, to-wit; Orville Dull and Helen Dull, and could not be rectified; to-wit:
a. Orville Dull has been diagnosed as being retarded intellectually with an I.Q. of 72 showing substantial handicap in the following areas of Major Life Activity: learning, self-direction, and socialization, and current data suggests his condition can be expected to continue for the forseeable [sic] future. Helen Dull has also been diagnosed as being intellectually retarded showing substantial handicap in Major Life Activity with an I.Q. of 62, and her condition is expected to continue for the foreseeable future.
b. Jeremy Dull's developmental delays at the time of removal were in such areas as: emotional, he is/was labeled as emotionally disturbed, social, academic, fine motor and speech. However, he has made significant progress since removal from his parents, Orville and Helen Dull.
[974]*974c. Rebecca Dull's developmental delays, before removal on October 4, 1984, were in all areas assessed by Hillcroft. These areas include gross motor, fine motor, cognitive, language, self-help, and social/emotional skills. However, she has made significant progress since her removal from her parents and is now at normal levels for her age.
5. That there is a reasonable probability that the conditions that resulted in the children's removal will not be remedied in that the following services were offered by Petitioner to Orville and Hel en Dull, to-wit:
a. Full-time day care services for Rebecca Dull through Downtown Day Care Center;
b. Home Start Program through Hill-croft;
c. Mental Health and Family Counseling Services;
d. Homemaker Services through Department of Public Welfare and Open Door Community Services;
e. Nutritional Counseling through County Extension Program;
f. Weekly home visits from the Visit ing Nurse and Social Worker from the Visiting Nurse Association;
g. Participation in parenting consultation through United Day Care;
h. Supervision through the Delaware
County Department of Public Welfare. Said services were not continued as there were no improvements of a degree sufficient enough to warrant continuing these services.
Further, the failure of Orville and Helen Dull to benefit from said services was the result of their innate inability to comprehend and/or retain parenting skills from said services which inability is caused by their mental and social handicap.
6. That it is in the best interests of the minor children herein and their health, welfare and future, that the parent-child relationship, including all legal rights, privileges, duties, and obligations, including rights of inheritance between
said children and their parents be forever fully and absolutely terminated.
7. That the Delaware County Department of Public Welfare has a satisfactory plan for the care and treatment of the children, in that it is the intent of the Delaware Department of Public Welfare to place the children up for adoption.
CONCLUSIONS OF LAW
1. The fact that the parents' mental/social deficiencies will not in all likelihood improve, justifies the finding that there is a reasonable probability that the conditions that resulted in the children's removal will not be remedied....
2. The evidence that the children's condition (ie. mental/social well being) has improved dramatically since removal shows that termination is in the best interests of the children....
3. The Court must subordinate the interests of the parents to those for the children in such a proceeding as the matter before the Court ...
4. That based upon the foregoing, the parent-child relationship of Jeremy Randall Dull and Rebecea Lynn Dull and their parents, Orville Dull and Helen Dull should [be] terminated."

Record at 59-62.

ISSUES

The Dulls present the following issues for review:

1. Whether the trial court's judgment terminating the Dulls' parental rights was supported by sufficient evidence?
2. Did the trial court properly consider the low intelligence levels of the Dulls as a factor in deciding whether to terminate their parental rights?

DECISION

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Dull v. Delaware County Department of Public Welfare
521 N.E.2d 972 (Indiana Court of Appeals, 1988)

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Bluebook (online)
521 N.E.2d 972, 1988 Ind. App. LEXIS 313, 1988 WL 35430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dull-v-delaware-county-department-of-public-welfare-indctapp-1988.