In Re DJ

755 N.E.2d 679, 2001 WL 1121942
CourtIndiana Court of Appeals
DecidedSeptember 25, 2001
Docket44A04-0105-JV-203
StatusPublished
Cited by2 cases

This text of 755 N.E.2d 679 (In Re DJ) 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 DJ, 755 N.E.2d 679, 2001 WL 1121942 (Ind. Ct. App. 2001).

Opinion

755 N.E.2d 679 (2001)

In the Matter of the Termination of the Parent-Child Relationship of D.J. and E.J., Children, and
Leslie Rohm Pletcher, Mother, Appellant-Respondent,
v.
LaGrange County Division of Family and Children, Appellee-Petitioner.

No. 44A04-0105-JV-203.

Court of Appeals of Indiana.

September 25, 2001.

*680 *681 Randall S. Forbes, Angola, IN, Attorney for Appellant.

Jeffrey S. Arnold, Albion, IN, Attorney for Appellee.

OPINION

ROBB, Judge.

Leslie Pletcher ("Mother") appeals from the trial court's involuntary termination of the parent-child relationship between herself and her two sons, E.J. and D.J. We affirm.

Issues

Mother raises three issues for our review, which we restate as follows:

1. Whether the trial court properly accepted Father's voluntary consent to termination of his parental rights immediately prior to the evidentiary hearing on the involuntary termination of Mother's parental rights;

2. Whether the trial court properly determined that Mother had not remedied the conditions that resulted in the children's removal from her home; and

3. Whether the trial court properly determined that the LaGrange County Division of Family and Children ("LCDFC") had a satisfactory plan for the care and treatment of the children.

Facts and Procedural History[1]

Mother and Marvin Johnson have two children who are the subject of this proceeding, E.J., born January 28, 1997, and D.J., born October 10, 1999.[2] LCDFC became involved with the family in the spring of 1998, approximately one month after they moved into the county from Elkhart County. Marvin's daughter had been adjudicated a child in need of services ("CHINS") in Elkhart County, and when the family moved, LCDFC was asked to supervise the child. Elvie Bontrager, a Case Manager with LCDFC, undertook a home study and found the home to be messy, cluttered and dirty, with several animals in the home. Informal services were offered in the areas of homemaking, budget management, and child care. Ultimately, the services were not successful. The home remained dirty, with dog hair and sometimes dog feces on the floor. There were also roaches in the house. The availability of food varied. The children were often left in the care of Mother's ten-year old daughter and were not well-supervised at other times. There was *682 some concern that Mother was more nurturing toward the animals in the home than toward her own children. E.J. and D.J. were removed from the home on August 8, 1998.

E.J. and D.J. were placed in a foster home and Mother and Marvin were allowed unsupervised visitation with the children. The children usually returned from visitation dirty, tired, and hungry. Mother was offered services, but she failed to cooperate in completing them. Overnight visitation with Mother was ultimately suspended when she left the children in care of strangers. Mother missed scheduled visits and failed to reschedule them. Mother also failed to comply with LCDFC recommendations even after being ordered to do so.

An initial parenting assessment of Mother indicated that she has a personality disorder, has emotional problems, and is overly dependent upon her male companions. A parenting assessment conducted approximately two months prior to the fact-finding hearing in this case was consistent with the initial assessment.

On February 16, 2001, a fact-finding hearing was held. Immediately prior to the presentation of evidence, Marvin voluntarily consented to the termination of his parental rights to E.J. and D.J. after being fully advised of his rights. The court then proceeded to hear evidence regarding the involuntary termination of Mother's parental rights. At the hearing, the original LCDFC caseworker testified regarding the conditions in the home preceding and immediately following the removal of the children. He believed that Mother's parenting skills had deteriorated throughout his contact with the family. R. 66. The subsequent LCDFC caseworker testified that she did not believe that Mother could take care of the children. R. 171. Moreover, she believed that Mother's bad parenting skills supported terminating her parental rights. R. 181. Dr. Cates, who had conducted the parenting assessments of Mother, testified that he did not believe the children should be returned to Mother. R. 143. Finally, the Court Appointed Special Advocate ("CASA") assigned to this case testified that he had not seen any actual commitment on Mother's behalf to performing the tasks required of her to get her children back. R. 214. He also testified that, although Mother "does the best she can, ... she doesn't have enough of the tools" to be a good parent. R. 218.

At the conclusion of the hearing, the trial court indicated that it was ordering termination of Mother's parental rights. A written order followed in which the trial court found that the children had been removed from Mother's home and had been under the supervision of LCDFC for at least fifteen of the last twenty months; there is a reasonable probability that the conditions which resulted in the children's removal would not be remedied because Mother had not developed sufficient parenting skills to provide security, safety, psychological support, and stability for the children, because the "filthy conditions" of the house had not been rectified, and because Mother failed to exercise consistent visitation; LCDFC has a satisfactory plan for the care and treatment of the children; and termination is the children's best interests. Appendix of Appellant at 8, 11. Mother now appeals.

Discussion and Decision

I. Standard of Review

To effect the involuntary termination of a parent-child relationship, LCDFC was required to present clear and convincing evidence establishing the following elements:

(A) one (1) of the following exists:

*683 (i) the child has been removed from the parent for at least six (6) months under a dispositional decree;
(ii) a court has entered a finding under IC XX-XX-XX-X.6 that reasonable efforts for family preservation or reunification are not required, including a description of the court's finding, the date of the finding, and the manner in which the finding was made; or
(iii) after July 1, 1999, the child has been removed from the parent and has been under the supervision of a county office of family and children for at least fifteen (15) months of the most recent twenty-two (22) months;
(B) there is a reasonable probability that:
(i) the conditions that resulted in the child's removal or the reasons for placement outside the home of the parents will not be remedied; or
(ii) the continuation of the parent-child relationship poses a threat to the well-being of the child;
(C) termination is in the best interests of the child; and
(D) there is a satisfactory plan for the care and treatment of the child.

Ind.Code § 31-35-2-4(b)(2). This statute applies to the involuntary termination of the parent-child relationship involving a delinquent child or a child in need of services.

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Related

K.W. v. Indiana Department of Child Services
17 N.E.3d 994 (Indiana Court of Appeals, 2014)
Dennerline v. Atterholt
886 N.E.2d 582 (Indiana Court of Appeals, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
755 N.E.2d 679, 2001 WL 1121942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dj-indctapp-2001.