In Re AJ

877 N.E.2d 805, 2007 WL 4293452
CourtIndiana Court of Appeals
DecidedDecember 10, 2007
Docket49A02-0703-JV-271
StatusPublished

This text of 877 N.E.2d 805 (In Re AJ) 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
In Re AJ, 877 N.E.2d 805, 2007 WL 4293452 (Ind. Ct. App. 2007).

Opinion

877 N.E.2d 805 (2007)

In the Matter of A.J., E.J., and J.J., Children in Need of Services.
Marlos and Maya J., Appellants-Respondents,
v.
Marion County Department of Child Services, Appellee-Petitioner, and
Child Advocates, Inc., Appellee-Guardian Ad Litem.

No. 49A02-0703-JV-271.

Court of Appeals of Indiana.

December 10, 2007.

*807 Katherine A. Cornelius, Marion County Public Defender Agency, Appellate Division, Indianapolis, IN, Attorney for Appellant, Marlos J.

Anna E. Onaitis, Marion County Public Defender Agency, Appellate Division, Indianapolis, IN, Attorney for Appellant. Maya J.

Elizabeth G. Filipow, Indianapolis, IN, Attorney for Appellee, Marion County Department of Child Services.

OPINION

CRONE, Judge.

Case Summary

Marlos J. ("Father") and Maya J. ("Mother") (collectively, "the parents") appeal the termination of their parental rights. We affirm.

Issues

Father and Mother raise the following restated issues on appeal:

I. Whether the trial court erred in allowing testimony regarding a polygraph examination; and
II. Whether the trial court's order terminating Mother's and Father's parental rights to A.J., E.J., and J.J. is clearly erroneous.

Facts and Procedural History

A.J., E.J., and J.J. are the biological children of Mother and Father. In 2004, Mother began experiencing mental health issues relating to depression and anxiety. In April or May of 2004, Mother took the children from the home because she thought Father had done something to the children, and was hospitalized for five days. In January of 2005, Mother again removed A.J., E.J., and J.J. from the home where she had been living with Father because she was "afraid" of Father. Tr. at 365-66. Mother initially resided with the children in a Days Inn hotel, but was later admitted to the Community North Hospital psychiatric unit for approximately one week, and was placed on medications.

On January 4, 2005, the Marion County Department of Child Services ("MCDCS") filed a petition alleging A.J., E.J. and J.J. to be children in need of services *808 ("CHINS"). The petition alleged the children were CHINS for several reasons, including the fact that Mother was residing at the Community North Stress Center and was in need of mental health treatment, and because there was a concern that the children had been sexually molested by their father.

On January 5, 2005, the trial court ordered that the children be made wards of the MCDCS and further ordered that they reside either at the Guardian Home, or in relative or foster care. On March 22, 2005, Mother and Father each entered into an Agreed Entry with the MCDCS in which each parent admitted that A.J., E.J., and J.J. were CHINS. Mother and Father also agreed to have the Agreed Entry serve as the court's own Parental Participation Decree, and that the Dispositional Hearing in this matter be held concurrently with the trial court's consideration and approval of the Agreed Entry.

By virtue of the trial court's Dispositional Order, the children were then ordered removed from both Mother's and Father's care effective immediately. The trial court delineated specific requirements for reunification including, among other things, that Mother and Father actively participate in and successfully complete specific services, as well as follow all recommendations made by the therapists and counselors. The services ordered by the court included a parenting assessment, mental health treatment, and home-based counseling for Mother. Father was ordered to participate in a parenting assessment, a specific parenting class for parents of children who have been sexually molested by an unknown offender, and home-based counseling.

On April 18, 2006, the MCDCS filed its petition for involuntary termination of the parent-child relationship as to both Mother and Father. On November 1, 2006, and November 29, 2006, the trial court held a child hearsay hearing to determine whether A.J. would be required to testify at the termination hearing in this matter. On January 19, 2007, the trial court entered an order allowing the admission of statements made by A.J. in the November 1, 2006, and November 29, 2006 hearings, and incorporated said testimony into the trial on the termination petition in this matter pursuant to the stipulation of counsel.

On January 30, 2007, the trial court held a fact finding hearing and subsequently issued its order terminating the J.s' parental rights to all three children. In so doing, the trial court made the following relevant findings of fact and conclusions of law:

FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT ENTRY
. . . .
5. Gretchen Cottrell, earned a Masters Degree in Social Work in 1998, and has counseled children regarding sexual abuse for the last 7 1/2 years at Family Growth Center, a facility that works with children and families where child sexual abuse has occurred. She has received extensive training in the field of sexual abuse and undergoes continuing education and training in the field.
Gretchen Cottrell has provided therapy to [A.J.] regularly since her first therapy session with [A.J.] on Feb. 2, 2005, when [A.J.] was nearly 5 years of age. Cottrell used play therapy and expressive therapy with [A.J.], which are types of therapy accepted and utilized in her field with young children, and which allow the children to express themselves and work through issues by play and expression through art.
*809 ....
9. [A.J.] has exhibited behaviors consistent with children who have suffered sexual abuse, including signs of depression, nightmares, problems with bathroom use, public masturbation, ambivalence to parents, and urinating and defecating on herself.
. . . .
12. On May 10, 2005[,] [A.J.] used anatomically correct play dolls she referred to as Marco and [A.J.]. She had the Marco doll touch the [A.J.] doll on the chest, referring to that as her "boobies" and had the Marco doll's hand rub [the A.J.'s] doll's private area, stating "he did this . . . he touched my private" "a lot[.]" [A.J.] referred to the Marco doll's penis as "his winkie" and put the Marco doll's penis into the [A.J.]'s doll's vagina, stating "Marco he did this to me too. [Mother] saw it and he was in trouble. I got a whooping for it, too."
. . . .
14. Ron D. Smith[,] M.S., LHMC, CADACI, holds a masters degree in counseling[,] has fifteen years experience working with adult and adolescent sexual abusers, is an approved Sex Offender Treatment Provider in Marion County, Indiana, is a Certified Sex Therapist [sic] the American Colleges of Counselors, and has been Director of the Indianapolis Counseling Center in Indianapolis[,] Indiana[,] since December of 1999 to the present. At Indianapolis Counseling Center, he provides psychosexual evaluations, and specialized sex offender therapy in group and individual settings. 15. On June 9, 2005[,] Ron Smith conducted separate psychosexual assessments on both [Father] and [Mother].

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Cite This Page — Counsel Stack

Bluebook (online)
877 N.E.2d 805, 2007 WL 4293452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-aj-indctapp-2007.