In Re LS

717 N.E.2d 204, 1999 WL 782508
CourtIndiana Court of Appeals
DecidedSeptember 30, 1999
Docket57A03-9812-JV-504
StatusPublished

This text of 717 N.E.2d 204 (In Re LS) 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 LS, 717 N.E.2d 204, 1999 WL 782508 (Ind. Ct. App. 1999).

Opinion

717 N.E.2d 204 (1999)

In the Matter of the Termination of the Parent-Child Relationship of L.S., D.S., and A.S., Minor Children.
Judy S. and their father, Daniel S. a/k/a Danielle S., Appellant-Respondent,
v.
Noble County Office of Family and Children, Appellee-Petitioner.

No. 57A03-9812-JV-504.

Court of Appeals of Indiana.

September 30, 1999.
Rehearing Denied November 22, 1999.

*206 Howard F. Hanson, Emerick & Diggins, P.C., Kendallville, Indiana, Attorney for Appellant.

Dennis D. Graft, Kendallville, Indiana, Attorney for Appellee.

*205 OPINION

KIRSCH, Judge.

Daniel S., a/k/a Danielle S.,[1] biological father, appeals from an order terminating her parent-child relationship with three of her minor children, L.S., D.S., and A.S. The issue on appeal is whether the State failed to present clear and convincing evidence of the reasonable probability that the conditions that led to the children's removal would not be remedied.

We affirm.

FACTS AND PROCEDURAL HISTORY

Danielle S. is the biological father of L.S., born on September 19, 1985, D.S., born on November 10, 1987, and A.S., born on July 2, 1992. The family has had a long history with the Noble County Office of Family and Children (OFC). The children were originally removed from the home of Daniel and his wife, Judy[2] on February 21, 1994, because Judy had attempted suicide, and there was a protective order against Daniel with respect to Judy and the children. Upon a petition filed by the OFC, the children were adjudicated children in need of services (CHINS) on April 11, 1994. At the initial hearing on the CHINS petition, the parents admitted that the children were children in need of services. The children were ordered to remain in foster care, and the parents were ordered to participate in various services.

On May 20, 1994, a dispositional order was entered, and the children were allowed to return to the family home subject to certain conditions. The children were *207 to remain wards of the OFC. The parents were to participate in marital counseling, the entire family was to participate in family counseling, and Stop Child Abuse Now (SCAN) was to continue to work with the family. However, two months later the court again removed the children from the home of their parents and placed them in foster care. The trial court cited the following reasons for removal:

"1. On the 4th day of July, 1994 the father of the children, [Daniel S.,] Sr. did act in an unreasonable, dangerous, irresponsible manner in regard to the children thus placing them in danger. Specifically, he did operate an automobile in the presence of the children while in a state of rage sufficient to overcome his rational faculties, and while in this state ran over the foot of the mother of the children, [Judy S.] The Court finds that it was only by happenstance and good fortune that only [Judy] was injured during this incident, and it could very well have been that one or more of the children would have been injured or killed.[3]

2. [Daniel and Judy] continue to have significant and severe marital discord. This is frequently manifested in the presence of the children, thereby endangering the emotional well-being of the children.
3. [Judy] has exhibited limited emotional control relative to the children and has inflicted unnecessary and improper corporal punishment upon them.
4. The Psychological counseling upon which the Court had depended to ameliorate and moderate the behavior of [the couple] relative to one another and their children has been totally ineffective because of an apparant [sic] personality conflict between [the couple] and their counselor, Orv Miller, thus eliminating this "safety valve" from the family picture."

Petitioner's Exhibit No. 1.

After the children were removed, the marital problems continued with Daniel being arrested and incarcerated for spousal battery in August 1994.[4] A psychological evaluation of Daniel revealed that he was very self-centered and a high risk for being physically abusive to his wife and children. Throughout the fall of 1994, the couple lived together and separated several times because of their tumultuous relationship. In November 1994, a CASA worker refused to supervise the parents' visits with the children because of Daniel's threatening demeanor and angry outbursts.

From December 1994 through May 1995, Daniel resided at a half-way house and received counseling for depression, gender identity disorder, alcohol abuse, and parenting skills. Daniel's counselor believed that he was not ready to have custody of the children because he needed to work on increased stability, creating a more amicable relationship with Judy, maintaining sobriety, and obtaining his own residence. Upon Daniel's discharge from the half-way house, the couple reunited and again created a hostile environment for their children during supervised visits. In July 1995, Daniel was again arrested for spousal battery. The couple was evicted from their apartment because of their fighting. Neither Daniel nor Judy were in counseling or employed.

On July 12, 1995, Ken Shields, the children's counselor, requested that visitation be suspended for thirty days because the visitations caused the children emotional distress. The parents continued to fight, which made the visits chaotic. Visitation was ordered suspended by the court for this period and then suspended for another ninety days in order for the parents to *208 comply with court-ordered treatment. In late 1995, Shields recommended that neither parent have visitation until they regularly communicated with the children in writing, and that during any visitation Daniel dress as a male. By this time, Daniel was dressing as a woman, and Shields believed that the children were experiencing enough anxiety without the additional stress of seeing their father dressed as a woman. Refusing to dress as a male, Daniel did not visit with the children.

Daniel moved from Indiana to Wisconsin in October 1995 in order to begin the process of gender reassignment. In January 1996, Daniel legally changed his name from Daniel S. to Danielle S. By April 1997, Danielle had completed the necessary surgeries to become a female. Danielle continued to reside out of state until two weeks prior to the termination hearing.

After a two-day termination hearing in August 1998, the trial court concluded that the parental rights of both parents should be terminated. Only Danielle appeals.

DISCUSSION AND DECISION

In reviewing termination proceedings on appeal, this court will not reweigh the evidence nor assess the credibility of witnesses. Egly v. Blackford County Dep't of Public Welfare, 592 N.E.2d 1232, 1235 (Ind.1992). We consider only the evidence that supports the trial court's decision and the reasonable inferences drawn from that evidence. Id. In deference to the trial court's unique position to assess the evidence, we set aside the judgment terminating a parent-child relationship only if it is clearly erroneous. Id. If the evidence and inferences support the trial court's decision, we must affirm. Id.; see also In re D.V.H.,

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In re the Termination of the Parent-Child Relationship of D.G.
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Judy S. v. Noble County Office of Family & Children
717 N.E.2d 204 (Indiana Court of Appeals, 1999)

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Bluebook (online)
717 N.E.2d 204, 1999 WL 782508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ls-indctapp-1999.