In Re Involuntary Termination

867 N.E.2d 236
CourtIndiana Court of Appeals
DecidedMay 31, 2007
Docket41A01-0610-JV-450
StatusPublished
Cited by44 cases

This text of 867 N.E.2d 236 (In Re Involuntary Termination) 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 Involuntary Termination, 867 N.E.2d 236 (Ind. Ct. App. 2007).

Opinion

867 N.E.2d 236 (2007)

In re The INVOLUNTARY TERMINATION OF the PARENT-CHILD RELATIONSHIP OF KAY.L., Kar.L., and S.G., Minor Children, and their Mother, Pamela Eden.
Pamela Eden, Appellant-Respondent,
v.
Johnson County Department of Child Services, Appellee-Petitioner.

No. 41A01-0610-JV-450.

Court of Appeals of Indiana.

May 31, 2007.

*237 John P. Wilson, Wilson, Green & Cecere, Greenwood, IN, Attorney for Appellant.

Dawn A. Wilson, Franklin, IN, Attorney for Appellee.

OPINION

BAKER, Chief Judge.

Appellant-respondent Pamela Eden argues that the trial court erroneously terminated the parental relationship of Eden and her three minor children, Kay.L., Kar. L., and S.G. Specifically, Eden argues that the petition to terminate her parental rights was invalid and that there is insufficient evidence supporting the termination. Finding no error, we affirm the judgment of the trial court.

*238 FACTS[1]

Eden is the mother of S.G., born September 12, 1992, Kay.L., born October 7, 1999, and Kar.L., born April 17, 2002.[2] On March 10, 2004, appellee-petitioner Johnson County Department of Child Services (DCS) removed Eden's children from her care and on March 12, 2004, DCS filed a petition alleging the children to be Children in Need of Services (CHINS) because of "neglect which included abandonment and life and health endangering environment, lack of supervision and poor hygiene." Tr. p. 40. In Eden's own words, the children were removed because "I left them at home and went out partying and I didn't come home." Id. at 22. On August 4, 2004, the three children were found to be CHINS. Eden failed to attend the hearing. As a result of the CHINS proceeding, Eden was given mental health, counseling, intensive outpatient, aftercare, and relapse prevention services.

At some point, Eden pleaded guilty to neglect of a dependent. On July 7, 2005, Eden was released from prison on probation. Following her release, Eden completed intensive outpatient treatment, got a job, remained gainfully employed for a period of time, and found a place to live. On January 19, 2006, DCS returned the children to Eden's care.

On April 17, 2006, DCS again removed the children from Eden's home for a number of reasons. During a number of supervised visits, a DCS representative had smelled alcohol on Eden's breath. On April 17, Eden tested positive for marijuana and cocaine. Additionally, she was not attending Alcoholics Anonymous meetings and was not taking her prescribed antide-pressants. Eden admitted to a caseworker that she had been using marijuana and drinking a six-pack of beer every other day. Furthermore, DCS believed that the children were not safe around Eden's boyfriend, whom DCS suspected of engaging in acts of domestic violence. One of the dispositional goals of the CHINS proceeding was for Eden to allow only authorized adults to care for the children. But Eden admitted to her counselor that she had been letting her boyfriend and a neighbor care for the children, neither of whom was authorized. Additionally, Eden had been leaving the younger two children in S.G.'s care and had asked the children to keep that secret and lie about if they were questioned on the issue.

After the children were removed from Eden's home the second time, a DCS caseworker became concerned about Eden's behavior during supervised visits with the children. In particular, Eden was apathetic and did not appear to care about the children's behavior. Eden left the direction of the girls to the DCS professionals who were present. The caseworker observed that Eden and her children did not appear to have a strong bond, testifying that after the girls were again removed from Eden's care, "they were too much for her to handle." Tr. p. 70.

On April 27, 2006, Eden's probation officer administered a drug test, which was *239 positive for marijuana use. The State revoked Eden's probation based on that drug test and on Eden's failure to report to the probation office. On April 28, 2006, DCS filed a petition to terminate Eden's parental rights with respect to all three children. At the time of the termination hearing on August 14, 2006, Eden was incarcerated following the revocation of her probation. Her scheduled release date is at the end of May 2007.

There is evidence in the record that Eden was still smoking marijuana in July 2006. Moreover, Eden was unemployed before she was incarcerated and was unable to support herself or her children. Eden has no specific plan for employment after she is released from prison, testifying that she will provide for herself "[b]y the grace of God." Id. at 20.

The trial court in the CHINS proceeding put a number of dispositional goals in place for Eden and her children. Over time, Eden has failed to meet a number of those goals. Among other things, she has failed to: resolve all pending criminal charges — she violated probation and was incarcerated as a result; refrain from using drugs and alcohol; get an Alcoholics Anonymous and Narcotics Anonymous sponsor and regularly attend meetings; follow the recommendations of a drug and alcohol counselor; have a clean and safe residence — she was incarcerated at the time of the termination hearing; and provide approved adult supervision for kids at all times.

At the hearing, all of the professionals involved with Eden and her family recommended that her parental rights be terminated. A DCS representative testified that there was a potential preadoptive home with Eden's half-sister, who lived in Texas.

Following the hearing, the trial court granted the petition to terminate Eden's parental rights, explaining that termination was in the children's best interests:

You happen to fall into a category that is much more difficult to handle because I am absolutely certain that you do not wish to have your mental health concerns and you don't wish to have your addictions. . . . I sympathize greatly with the perspective[, but]. . . . your addiction and mental health issues [have] caused [the kids] to be basically orphaned for the last three years but for [a] brief period[.] It is time for them . . . to be entitled to some sort of permanency.

Id. at 96-101. Eden now appeals.

DISCUSSION AND DECISION

I. Standard of Review

The Fourteenth Amendment to the United States Constitution protects the traditional right of parents to establish a home and raise their children. But parental interests are not absolute and must be subordinated to the child's interests in determining the proper disposition of a petition to terminate parental rights. In re D.D., 804 N.E.2d 258, 265 (Ind.Ct.App. 2004). Thus, parental rights may be terminated when the parents are unable or unwilling to meet their parental responsibilities. Id.

When reviewing the termination of parental rights, we neither reweigh the evidence nor judge witness credibility, considering, instead, only the evidence and reasonable inferences that are most favorable to the judgment. We will not set aside the trial court's judgment terminating a parent-child relationship unless it is clearly erroneous. In re A.A.C., 682 N.E.2d 542, 544 (Ind.Ct.App.1997).

*240 II. Validity of the Petition

Eden challenges the validity of the petition to terminate her parental rights.

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Related

D.B. and V.G. v. Indiana Department of Child Services
61 N.E.3d 364 (Indiana Court of Appeals, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
867 N.E.2d 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-involuntary-termination-indctapp-2007.