In Re the Wardship of B. C.

433 N.E.2d 19, 1982 Ind. App. LEXIS 1108
CourtIndiana Court of Appeals
DecidedMarch 16, 1982
Docket3-481 A 99
StatusPublished
Cited by4 cases

This text of 433 N.E.2d 19 (In Re the Wardship of B. C.) 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 Wardship of B. C., 433 N.E.2d 19, 1982 Ind. App. LEXIS 1108 (Ind. Ct. App. 1982).

Opinions

STATON, Judge.

Suffering from a mental illness, L.C. gave her twenty month old daughter, B.C., to a couple whom she did not know while in the parking lot of a department store. Four days later, L.C. came to the Allen County Mental Health Association for assistance in finding her child, since she had lost the name and telephone number of the people to whom she had given her child. Through the assistance of the news media, B.C. was located. The Mental Health Association was unable to contact L.C. at the house at which she was staying. When L.C. had not returned to the house by 7 P.M., B.C. was placed in emergency foster care and by court order, made a temporary ward of the Department of Public Welfare (the Department).

Several times the trial court heard testimony and extended the temporary wardship of B.C. Eventually, the Department petitioned that a guardian ad litem be appointed for L.C. and that her parental rights to B.C. be terminated pursuant to IC 1978, 31-6-5-4.1

On appeal, L.C. raises the following issues 2:

(1) Whether the finding of the trial court that there was a reasonable probability that the conditions which resulted in the removal of the child from the natural mother would not be remedied was supported by sufficient evidence of probative value?
(2) Whether the County Department of Public Welfare failed to provide reasonable services to L.C. to assist her in fulfilling her parental obligations?
(3) Whether the trial court erred in admitting into evidence the reports of the Department which contained hearsay?

As we reverse the trial court, we need only discuss the first issue.

Rights of parents in their natural children are fundamental rights protected by the United States Constitution. As was stated by the United States Supreme Court in Stanley v. Illinois (1972), 405 U.S. 645, 651, 92 S.Ct. 1208, 1212, 31 L.Ed.2d 551:

Our legislature has stated in IC 1978, 31-6-1-1:

“It is the policy of this state and the purpose of this article:
“(5) To strengthen family life by assisting parents to fulfill their parental obligations; and
“(6) To remove children from their families only when it is in the child’s best interest or in the best interest of public safety.”

When a child is removed from its family and the parent-child relationship is terminated,

“all rights, powers, privileges, immunities, duties, and obligations (including any rights to custody, control, visitation, or support) pertaining to that relationship are permanently terminated, and the parent’s consent to the child’s adoption is not required.”

IC 1979, 31-6-5-6. To that parent, it is as if the child is dead.

Our legislature has stated that parental rights may be terminated based upon a preponderance of the evidence.3 IC 1979, 31-6-7-13. On appeal, L.C. argues that the finding of the trial court that there was a reasonable probability that the conditions which resulted in the removal of B.C. from L.C. would not be remedied was not proven by a preponderance; therefore, L.C. argues that the finding was not supported by sufficient evidence of probative value.4

When reviewing a case in which the judge has rendered findings of fact, we will not set aside the judgment unless it is clearly erroneous. Matter of Leckrone (1980), Ind.App., 413 N.E.2d 977, 979. We will not weigh the evidence or assess the credibility of witnesses. Matter of Myers (1981), Ind.App., 417 N.E.2d 926, 930. The findings of the trial court will be accepted if they are supported by evidence of probative value. Matter of Leckrone, supra.5

L.C. argues that the condition which initially caused the removal of her child was her mental illness. She argues that the trial court could not determine whether there was a reasonable probability that the condition which caused the removal of her child would not be remedied because the trial court did not have any medical evidence concerning her mental condition.

The record contains much evidence of L.C.’s inability to hold a job, inability to support the child and herself, failure and refusal to cooperate with the Department and other social service agencies and the initial abandonment of the child to strangers. Normally, the trial court could look [22]*22at this history and expect the pattern to continue. People normally continue to choose to act as they have in the past. Here, the record is clear that L.C.’s inabilities and failures are intertwined with her mental illness — an abnormal condition of behavior.

L.C. has been diagnosed as having schizophrenia. Psychotropic drugs have been developed to treat and control schizophrenia.

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Related

In Re the Wardship of B.C.
441 N.E.2d 208 (Indiana Supreme Court, 1982)
In Re the Wardship of B. C.
433 N.E.2d 19 (Indiana Court of Appeals, 1982)

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Bluebook (online)
433 N.E.2d 19, 1982 Ind. App. LEXIS 1108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-wardship-of-b-c-indctapp-1982.