Hansen v. Porter County Office of Family & Children

892 N.E.2d 144, 2008 Ind. App. LEXIS 1783
CourtIndiana Court of Appeals
DecidedMay 27, 2008
DocketNo. 64A03-0801-JV-14
StatusPublished
Cited by1 cases

This text of 892 N.E.2d 144 (Hansen v. Porter County Office of Family & Children) 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
Hansen v. Porter County Office of Family & Children, 892 N.E.2d 144, 2008 Ind. App. LEXIS 1783 (Ind. Ct. App. 2008).

Opinions

OPINION

BAKER, Chief Judge.

Appellant-respondent Sean Hansen appeals the trial court’s order terminating his parental relationship with his minor son, R.H., arguing that there is insufficient evidence supporting the order. We find that the evidence relied upon by the trial court is insufficient to support the termination of Sean’s parental rights, though we observe that it may be relevant to issues of custody and/or guardianship of R.H. We reverse and remand for proceedings consistent with this opinion.

FACTS

Bethany Manfred and Sean Hansen are the parents of R.H., who was born on October 19, 2002. Sean and Bethany signed a paternity affidavit at the time of R.H.’s birth attesting that Sean is his father.

From the time of his birth until January 2003, R.H. lived with both of his parents in Indiana. In January 2003, Sean moved to Alaska to find work and be close to his father and stepmother. In May 2003, after Sean had secured employment and housing, Bethany and R.H. moved to Alaska to be with Sean. In November 2003, having lived in Alaska for eight months, Bethany and R.H. moved back to Indiana. Sean remained in Alaska.

After returning to Indiana, Sean’s mother and stepfather, who live in Indiana, became active participants in R.H.’s life, taking care of him nearly every weekend and some weeknights. Sean has a strained relationship with his mother and stepfather and refused to permit them to see R.H. during the three months follow[146]*146ing R.H.’s birth when Sean was still living in Indiana.

On August 3, 2004, Porter County Department of Child Services (DCS) filed a petition alleging R.H. to be a Child in Need of Services (CHINS). At that time, Bethany and R.H. were living in a homeless shelter and Bethany had attempted to tamper with a drug screen required of all people staying in the shelter. Staff had also seen what appeared to be needle marks on Bethany’s arms. Bethany was unemployed. R.H. was removed from Bethany’s care and placed in foster care. In August 2004, R.H. was placed with his paternal grandmother and her husband and he has lived with them since that time. After R.H. was removed from Bethany’s care, she visited R.H. once, cancelled two visits, and failed to show up for four other visits. She tested positive for cocaine and failed to complete drug treatment programs several different times. DCS has had no contact with Bethany for over two years and is unaware of her current whereabouts.

The goal of the CHINS proceeding was to reunify R.H. with Sean. To that end, DCS hoped to encourage Sean to relocate to Indiana to participate in reunification services and engage in a bonding process with his child, who he did not see for nearly two years after R.H. was removed from Bethany’s care.

Although Sean remained in Alaska during the CHINS proceedings, he completed all court-ordered services and attended all court hearings in person or telephonically. R.H.’s guardian ad litem (GAL) spoke to Sean on the telephone between twenty and thirty times over the course of two years. Sean underwent a psychological evaluation, which revealed that he is psychologically healthy and did not reveal any major problems that would impede reunification with R.H. Sean also attended two multi-week parenting classes and participated in a court-ordered bonding assessment. A home study on Sean’s residence in Alaska found that his home is suitable for R.H.

On May 23, 2006, DCS filed a petition to terminate the parental rights of Bethany and Sean. The petition alleges that Sean lives in Alaska and had not attempted to reunify with R.H., that Sean had not had contact with R.H. for more than two years, and that Sean had failed to complete court-ordered services. After the petition was filed, Sean visited R.H. in October 2006 and March 2007.

The trial court held a hearing on the petition on May 1 and 3, 2007, and on September 28, 2007, an order was entered terminating the parental rights of Bethany and Sean. In pertinent part, the order provides as follows:

17. ... Father has had limited contact with [R.H.] since Mother and the child left Alaska in November 2003....
18. The Court finds that Father has had two visits with [R.H.] since November 2003, the visit previously described in October 2006, as well as a visit in March 2007 when Father came to Indiana for a bonding assessment. Aside from the two visits, Father has made five telephone calls to [R.H.] at Grandmother’s home since November 2003.... Father blames his lack of additional phone calls on time difference difficulties and the fact that making such calls was still “emotionally hard.” Father wants to reintroduce [R.H.] into his life, but is unwilling to move to Indiana to do so.... Aside from these few calls and visits, Father has made no other effort to contact [R.H.] through cards, letters, etc....
[147]*147[[Image here]]
20. The Court finds Father’s support system in Seward[, Alaska] includes [R.H.’s] paternal grandfather and his wife, whom [R.H.] came to know during his six[-]month stay in Alaska in 2003. A home study was completed on Father’s home ... and came out favorably.... In addition, Father has recently completed the other tasks required of him, including a psychological evaluation and two parenting classes, one an eight[-]week class, the other a four[-]week class.
[[Image here]]
23. ... The Court finds .... that [R.H.] is bonded with Grandmother and her husband, and is not bonded with Father.
24. ... The Court finds ... that removing [R.H.] from an environment where he is bonded, as he is with Grandmother and her husband, and placing him in an environment where no bond exists, such as with Father, would be detrimental to [R.H.’s] mental well-being, now and for the future.
[[Image here]]
27. The Court finds there was no mental, physical, financial or other means which can explain father’s failure to participate in services, visit with his son or work toward reunification.
28. The permanency plan in this case is termination of the parent-child relationship and the adoption by Grandmother and her husband.
29. ... The Court finds [the GAL] had a fair amount of contact with Father over the telephone throughout the case, talking with Father 20-30 times over two years, and meeting him once in person.... The Court finds ... that during their multiple phone conversations, Father seemed to always want to talk about Mother’s problems, his problems with Grandmother, his employment, and various other topics, but Father never asked about [R.H.].... The Court finds that [the GAL] continually encouraged Father to come back to Indiana, even offering Father a place to stay at his own home, yet Father always refused....
[[Image here]]
31. ... Father lives in Alaska and has made no attempts for reunification with the child, Father had not had contact with [R.H.] in over two years [before the termination petition was filed], and Father had failed to complete Court Ordered Services.
[[Image here]]
33.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re RH
892 N.E.2d 144 (Indiana Court of Appeals, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
892 N.E.2d 144, 2008 Ind. App. LEXIS 1783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hansen-v-porter-county-office-of-family-children-indctapp-2008.