In re the Involuntary Termination of the Parent-Child Relationship of: J.P. (Minor Child), And S.P. (Mother) v. Indiana Department of Child Services (mem. dec.)

CourtIndiana Court of Appeals
DecidedMarch 9, 2020
Docket19A-JT-2234
StatusPublished

This text of In re the Involuntary Termination of the Parent-Child Relationship of: J.P. (Minor Child), And S.P. (Mother) v. Indiana Department of Child Services (mem. dec.) (In re the Involuntary Termination of the Parent-Child Relationship of: J.P. (Minor Child), And S.P. (Mother) v. 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.

Bluebook
In re the Involuntary Termination of the Parent-Child Relationship of: J.P. (Minor Child), And S.P. (Mother) v. Indiana Department of Child Services (mem. dec.), (Ind. Ct. App. 2020).

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Mar 09 2020, 9:20 am court except for the purpose of establishing CLERK the defense of res judicata, collateral Indiana Supreme Court Court of Appeals estoppel, or the law of the case. and Tax Court

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Jonathan T. Feavel Curtis T. Hill, Jr. Feavel & Porter, LLP Attorney General of Indiana Vincennes, Indiana Abigail R. Recker Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

In re the Involuntary March 9, 2020 Termination of the Parent-Child Court of Appeals Case No. Relationship of: 19A-JT-2234 J.P. (Minor Child), Appeal from the Daviess Circuit Court And The Honorable Gregory A. Smith S.P. (Mother), Judge Appellant-Respondent, Trial Court Cause No. 14C01-1901-JT-3 v.

Indiana Department of Child Services, Appellee-Petitioner.

Court of Appeals of Indiana | Memorandum Decision 19A-JT-2234 | March 9, 2020 Page 1 of 23 Riley, Judge.

STATEMENT OF THE CASE [1] Appellant-Respondent, S.P. (Mother), appeals the trial court’s Order

terminating her parental rights to her minor child, J.P. (Child).

[2] We affirm.

ISSUES [3] Mother presents the court with three issues, which we consolidate and restate as

the following two issues:

(1) Whether Mother’s due process rights were violated when the Department of Child Services (DCS) filed a petition seeking to terminate her parental rights more than six months after a child in need of services (CHINS) dispositional decree was entered; and

(2) Whether the trial court’s Order terminating Mother’s parental rights to Child was supported by the evidence.

FACTS AND PROCEDURAL HISTORY [4] Child was born to Mother and C.L. (Father)1 on June 27, 2010. In November

2015, Child was removed from Mother’s care and adjudicated a CHINS after

Mother retrieved her from daycare and drove while intoxicated. In November

1 On May 29, 2019, Father voluntarily relinquished his parental rights and consented to Child’s adoption. Father is not a party to this appeal.

Court of Appeals of Indiana | Memorandum Decision 19A-JT-2234 | March 9, 2020 Page 2 of 23 2016 after Mother’s completion of substance abuse treatment and work with a

parenting aide, Child was returned to Mother. Mother did not pursue any

substance abuse or alcohol treatment after Child was returned to her.

[5] On December 8, 2017, DCS Family Case Manager Pamela Padgett (FCM

Padgett) went to Mother’s home to investigate reports that Mother was abusing

drugs, she was allowing others to use drugs in the home, she was allowing a

registered sex offender to stay in the home and spend time around Child, and

Child was not attending school regularly. Mother admitted that she was under

the influence of an illegal substance, and FCM Padgett confirmed that a

registered sex offender spent time in the home, something which did not appear

to FCM Padgett to concern Mother. Mother entered into an informal

adjustment with DCS pursuant to which Mother agreed to undergo a substance

abuse evaluation, follow treatment recommendations, and work with a

parenting aide. Mother underwent a substance abuse evaluation and was

referred to out-patient treatment at the Samaritan Center, but she did not

attend. Mother was next referred to an intensive out-patient program at

Brentwood Springs, but she was discharged for non-attendance. Mother was

prescribed an anti-depressant medication as part of her treatment at Brentwood

Springs, but she did not take it. After her discharge from Brentwood Springs,

Mother was referred again to the Samaritan Center. Mother did not engage in

services there.

[6] On March 5, 2018, DCS received a report that Mother was abusing

methamphetamine, prescription medication, and alcohol. On March 6, 2018,

Court of Appeals of Indiana | Memorandum Decision 19A-JT-2234 | March 9, 2020 Page 3 of 23 FCM Jessica Rhoads (FCM Rhoads) interviewed Child at her school. Child

reported that she made her own meals, got herself up in the morning, and

readied herself for school because Mother slept a lot. Child had been late for

school or absent over the preceding days. FCM Rhoads interviewed Mother,

who admitted drug and alcohol use. Child was removed from Mother and

placed in foster care, where she has resided with the same foster parents ever

since. At the time of Child’s removal, Mother was on probation for a

conviction for domestic battery involving Father.

[7] On March 8, 2018, DCS filed a verified petition alleging that Child was a

CHINS. On April 19, 2018, Mother admitted that she had mental health,

substance abuse, housing, and employment issues that rendered Child a

CHINS. On May 3, 2018, the CHINS court entered its dispositional order

directing Mother to participate in substance abuse and mental health

evaluations and to follow all treatment recommendations. Mother was also

ordered to engage in home-based case management, parenting education, and

random drug screens.

[8] Mother underwent an evaluation at the Samaritan Center and was diagnosed

with alcohol dependence, methamphetamine abuse, and major depression.

Mother was referred to individual and group therapy. Mother attended one

individual therapy session but attended none of the group therapy sessions.

Mother’s services at the Samaritan Center were closed in June 2018 for

nonattendance. On June 23, 2018, Mother was arrested for residential entry

and criminal mischief after she broke into Father’s home and destroyed some of

Court of Appeals of Indiana | Memorandum Decision 19A-JT-2234 | March 9, 2020 Page 4 of 23 his property. On October 8, 2018, Mother was evaluated at LifeSprings and

was referred to individual therapy and the Matrix program to address her

substance abuse issues. Mother missed appointments and continued to use

methamphetamine and alcohol, so she was terminated from her LifeSprings

services in November 2018. Mother continued to use illegal substances through

December 2018. From March 2018 to December 2018, Mother submitted

twenty-six of the forty random drug screens requested of her. Out of the

twenty-six screens that Mother submitted, eight tested positive for

amphetamines and methamphetamine. From March 2018 to December 2018,

Mother attended eleven of her thirty-three scheduled sessions with her

parenting aide.

[9] After the CHINS petition was filed, Mother moved from her apartment in

Washington, Indiana, to the home of the mother of her boyfriend, Chris Crays

(Crays). The couple then moved into a motel, where Mother worked in

exchange for a room. The couple subsequently moved to a home in Ferdinand,

Indiana. Crays had a criminal record, and in November 2016, DCS had

substantiated claims against him for child seduction and deviate sexual conduct

with a step-child.

[10] In November 2017 during Mother’s informal adjustment with DCS, she was

working at a fast-food restaurant. From May 2018 to August of 2018, Mother

worked at Jasper Rubber. She was discharged from Jasper Rubber after fighting

with her superior. Late in the summer of 2018, Mother worked at the motel in

Court of Appeals of Indiana | Memorandum Decision 19A-JT-2234 | March 9, 2020 Page 5 of 23 exchange for a room, and from October 2018 to December of 2018, Mother

worked at Kimball Electronics.

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In re the Involuntary Termination of the Parent-Child Relationship of: J.P. (Minor Child), And S.P. (Mother) v. Indiana Department of Child Services (mem. dec.), Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-involuntary-termination-of-the-parent-child-relationship-of-jp-indctapp-2020.