In re Termination of the Parent-Child Relationship of: S.H. and A.H., Minor Children, K.H., Mother, and R.H., Father v. The Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals

In re Termination of the Parent-Child Relationship of: S.H. and A.H., Minor Children, K.H., Mother, and R.H., Father v. The Indiana Department of Child Services (mem. dec.)

DecidedDecember 31, 2018

Docket18A-JT-1657

StatusPublished

This text of In re Termination of the Parent-Child Relationship of: S.H. and A.H., Minor Children, K.H., Mother, and R.H., Father v. The Indiana Department of Child Services (mem. dec.) (In re Termination of the Parent-Child Relationship of: S.H. and A.H., Minor Children, K.H., Mother, and R.H., Father v. The Indiana Department of Child Services (mem. dec.)) 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.

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In re Termination of the Parent-Child Relationship of: S.H. and A.H., Minor Children, K.H., Mother, and R.H., Father v. The Indiana Department of Child Services (mem. dec.), (Ind. Ct. App. 2018).

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Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Dec 31 2018, 10:59 am

court except for the purpose of establishing CLERK the defense of res judicata, collateral Indiana Supreme Court Court of Appeals and Tax Court estoppel, or the law of the case.

ATTORNEY FOR APPELLANT MOTHER ATTORNEYS FOR APPELLEE R. Patrick Magrath Curtis T. Hill, Jr. Alcorn Sage Schwartz & Magrath, LLP Attorney General of Indiana Madison, Indiana Robert J. Henke ATTORNEY FOR APPELLANT FATHER Deputy Attorney General Indianapolis, Indiana Matthew J. Lorenzo Lorenzo Bevers Braman & Connell Seymour, Indiana

IN THE COURT OF APPEALS OF INDIANA

In re Termination of the Parent- December 31, 2018 Child Relationship of: S.H. and Court of Appeals Case No. A.H., Minor Children, 18A-JT-1657 K.H., Mother, and R.H., Father, Appeal from the Jackson Superior Court Appellants, The Honorable Bruce A. v. MacTavish, Judge Trial Court Cause Nos. The Indiana Department of 36D02-1707-JT-32 Child Services, 36D02-1707-JT-33 Appellee.

Brown, Judge.

Court of Appeals of Indiana | Memorandum Decision 18A-JT-1657 | December 31, 2018 Page 1 of 27 [1] K.H. (“Mother”) and R.H. (“Father,” and together with Mother, “Parents”)

appeal the involuntary termination of their parental rights with respect to S.H.

and A.H. We affirm.

Facts and Procedural History

[2] On July 25, 2017, the Indiana Department of Child Services (“DCS”) filed a

petition for termination of Parents’ parental rights as to S.H., born on October

15, 2010, and A.H., born on February 18, 2015. On January 17, 2018, and

February 21, 2018, the court held an evidentiary hearing.

[3] On June 11, 2018, the court entered an order terminating Parents’ parental

rights, which found that there was a reasonable probability that the conditions

that resulted in the children’s removal or the reasons for placement outside of

Parents’ home will not be remedied and provided:

5. On or about 6/4/2016, the family became involved with DCS when DCS received a report alleging the children were victims of neglect. More specifically, the facts are the family had been living in a hotel but were homeless. Mother and Father did not have a place for the children to stay that evening. Upon receiving the report, DCS gave Mother and Father an opportunity to find appropriate housing. Mother and Father agreed that the children would reside with an acquaintance until they could find appropriate housing. After five (5) days, the family still did not have housing and they were then homeless. Mother admitted methamphetamine use to DCS staff. [S.H.] reported seeing Mother and Father smoke something that “looked like flour” to DCS staff. Parents refused two requests for drug screen[s].

6. The children were removed from [Parents’] care on 6/8/2016. Court of Appeals of Indiana | Memorandum Decision 18A-JT-1657 | December 31, 2018 Page 2 of 27 7. On 6/10/2016, DCS filed its petition alleging that children were Children in Need of Services (CHINS).

8. On 6/10/2016, the Court held a detention hearing, and upheld the removal of the children. Mother and Father denied the allegations set forth in the petition and an Initial Hearing was set for 6/20/16. Mother and Father submitted to a drug screen at that time.

9. On 6/14/2016, DCS received the results of Mother’s and Father’s drug screens. They were negative.

10. On 6/20/2016, the Court held an initial hearing. Since the filing of the petition, the parents were able to secure a position at Anchor House under the stipulation that the children would reside with them by 6/20/2016 and Mother and Father would maintain negative drug screens. After DCS advised the Court of Mother and Father’s drug screen results, Mother and Father’s housing situation, and the stipulations from Anchor House, the children were allowed to return home, to Anchor House, and DCS was pursuing the case as an in-home CHINS. The Court set a Fact Finding Hearing for 7/23/16. DCS drug-screened Mother and Father after the hearing.

11. Mother and Father submitted to drug screens at Anchor House on 6/21/2016. Mother tested positive for methamphetamine and was kicked out of Anchor House. Father was allowed to stay at Anchor House with the children.

12. On 6/23/2016, DCS drug screened Mother and Father. Both Mother and Father tested positive for methamphetamine and amphetamine. DCS sought and obtained an emergency custody order for the children, which the Court entered on 6/23/2016. The Court set a detention hearing for 6/27/2016.

13. On 6/27/2016, the Court conducted a Detention Hearing, upheld the detention of the children, and approved placement of the children with the children’s sister’s teacher and her husband.

Court of Appeals of Indiana | Memorandum Decision 18A-JT-1657 | December 31, 2018 Page 3 of 27 14. On 6/29/2016, DCS, Mother and Father entered into stipulations for admission of CHINS and agreed dispositional orders. Specifically Mother and Father admitted that they both suffer from substance abuse problems, they have encountered difficulty providing stable housing for the children and that the intervention of DCS and the Court is necessary to provide substance abuse treatment and services to obtain and maintain stable housing.

15. On 7/5/2016, the Court issued an order accepting the stipulation of CHINS and agreed dispositional order, adjudicated the children as Children in Need of Services and issued a dispositional order according [to] the agreed terms.

16. The Dispositional Order, in which DCS was granted wardship of the children, and Mother and Father were ordered to, in relevant part,

a. Participate in weekly visitation with the children, b. Complete a substance abuse assessment and a parenting assessment, and follow all recommendations from the assessments, c. Participate in home-based case management services and follow recommendations, d. Submit to random drug screens, e. Obtain and maintain appropriate housing, f. Engage in therapy with [S.H.] if recommended by the therapist.

FACTS RELATING TO CHILDREN’S CONTINUED REMOVAL FROM PARENTS’ HOME AND CARE: REASONABLE PROBABILITY OF PARENTS NOT REMEDYING REASONS FOR REMOVAL, THREAT TO CHILDREN’S WELLBEING, CHILDREN’S BEST INTEREST, & DCS PLAN FOR CARE AND TREATMENT

Court of Appeals of Indiana | Memorandum Decision 18A-JT-1657 | December 31, 2018 Page 4 of 27 17. After the Dispositional Decree of 7/5/2016, the children were never returned to the parents’ care and custody.

18. On 7/28/16, DCS referred Mother to Centerstone for a substance abuse evaluation. Mother never completed this assessment.

19. On 2/13/17, DCS re-referred Mother to Centerstone for a substance abuse assessment. Mother completed this assessment on 3/16/2017. Centerstone recommended Mother for the dual diagnosis program. Centerstone diagnosed with Methamphetamine Use Disorder, Cannabis Use Disorder, Borderline Personality Disorder and PTSD.

20. DCS referred Mother for the Dual Diagnosis Treatment on 3/17/17. Mother’s participation in treatment was as follows:

a. March 2017: Participated in assessment on 3/16/17 – attended 0 of 0 sessions[.] b. April 2017: Participated in 1 of 7 sessions. c. May 2017: Referral remains open; Mother attended 0 of 6 sessions. d. June 2017: Referral remains open; Mother attended 0 sessions. e. July 2017: Referral remains open; Mother attended 0 sessions. f. August 2017: Referral remains open; Mother attended 0 sessions this month – 8/23/17 Mother notified FCM that she wanted services transferred to Jennings County. Services transferred immediately. g. September 2017: Scheduled to meet Centerstone on 9/7/17. No showed appointment. Mother attended 0 sessions. h.

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