In the Matter of the Term. of the Parent-Child Rel. of Ma.J. and My.J. and K.B. v. Indiana Dept. of Child Services

972 N.E.2d 394, 2012 WL 3265028, 2012 Ind. App. LEXIS 387
CourtIndiana Court of Appeals
DecidedAugust 13, 2012
Docket27A02-1112-JT-1193
StatusPublished
Cited by8 cases

This text of 972 N.E.2d 394 (In the Matter of the Term. of the Parent-Child Rel. of Ma.J. and My.J. and K.B. v. Indiana Dept. of Child Services) 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 the Matter of the Term. of the Parent-Child Rel. of Ma.J. and My.J. and K.B. v. Indiana Dept. of Child Services, 972 N.E.2d 394, 2012 WL 3265028, 2012 Ind. App. LEXIS 387 (Ind. Ct. App. 2012).

Opinion

OPINION

CRONE, Judge.

Case Summary

In this case, the trial court terminated the parent-child relationship of twin girls, Ma.J. and My.J., and their parents, KB. (“Mother”) and S.J. (“Father”). 1 The Department of Child Services (“DCS”) initially became involved following Mother and Father’s arrest in relation to a domestic dispute. Mother and Father each admitted that the twins were children in need of services (“CHINS”) based on their history of domestic violence, which had sometimes occurred in the presence of the children. Mother initially engaged in services and was making progress, but after beginning a relationship with a new boyfriend, she began a downward spiral that culminated in her incarceration for about two months.

After her release, Mother admitted that she had been crushing and snorting her prescription medications, and she was accepted into a drug court program. Since then, Mother has stopped taking prescription medications and has been in compliance with the drug court program. Mother will serve no additional time if she successfully completes the program. Mother has not been involved in any new incidents of domestic violence, and she has not been in a relationship since her release. Mother has an appropriate home, has been working, and has been visiting regularly with the girls.

However, the trial court terminated Mother’s parental rights, finding that the conditions that resulted in the children’s removal would not be remedied. In light *396 of the undisputed evidence that Mother had eight months of solid progress in each area of concern, we conclude that DCS did not meet its burden of demonstrating that the conditions resulting in removal would not be remedied. Therefore, we reverse.

Facts and Procedural History

Mother and Father are the parents of twin girls, Ma.J. and My.J., born May 25, 2007. Mother and Father are not married, but Father’s paternity of the twins has been established, and as of September 10, 2009, Mother and Father were living together. On that date, police responded to a domestic dispute involving Mother and Father, and both of the parents were arrested. The twins were briefly left in the care of a neighbor until they were placed with Mother’s half-sister and her husband, and the girls have remained in their care throughput the pendency of this case.

On September 15, 2009, DCS filed petitions alleging that the twins were CHINS. Mother’s oldest child, C.S., who is Ma.J. and My.J.’s half-sister, had also been living with Mother and Father. DCS also filed a CHINS petition in regard to C.S., but that case was resolved when C.S.’s father obtained custody of her. In addition to the facts surrounding the twins’ removal, the petitions noted that Father had previously been convicted of battering Mother in the twins’ presence. Based on statements made by C.S., DCS also alleged that Mother and Father were abusing prescription drugs.

On October 15, 2009, Mother and Father admitted some of the allegations of the CHINS petitions. Specifically, Mother admitted that “there is a history of domestic violence in the home she sharefs] with [Father] and that some disputes have occurred in the presence of her children.” Ex. Vol. at 21. 2 Father also admitted that there was a history of domestic violence. The trial court found the girls to be CHINS based solely on these admissions.

On November 4, 2009, Mother was charged with theft and conspiracy to commit theft, and Father was a co-defendant in that case. The following day, the trial court held a dispositional hearing in the CHINS cases and entered participation orders for Mother and Father. Specifically, Mother was ordered to: participate in counseling and follow any and all recommendations of her therapist; follow the visitation schedule for all three of her children; maintain regular contact with her DCS case manager, Cayce Lowe; continue with home-based case management and follow any and all recommendations; take her medications as prescribed; maintain a safe and stable home for the children; and complete an assessment for drugs and alcohol and follow any and all recommendations for needed services.

On January 25, 2010, Mother began meeting with a therapist, Jeanette Hoekse-ma. Hoeksema felt that mother had “an excellent start to counseling.” Tr. at 66. Mother mentioned being in a relationship with a man named Stacy Hollars. After breaking up with Hollars, Mother “referred to him as controlling.” Id. at 58. Hoeksema felt it was a positive sign that Mother was able to identify problems with the relationship.

As of March 2010, DCS felt that Mother was making good progress, and DCS was *397 working toward reunifying Mother and the twins. However, on April 15, 2010, Mother was restricted to supervised visits. The reason for this is somewhat unclear because only parts of the CHINS record were included in the termination record, and the testimony at the termination hearing was somewhat inconsistent. The girls’ court-appointed special advocate (“CASA”), Gary Herrington, testified that Mother had not been willing to submit information about Hollars for a background check. Herrington also stated that Mother was “getting more agitated,” that he “saw issues with cleanliness with the girls,” and that he “wasn’t pleased with how things were going with service providers.” Id. at 173. Lowe testified that Mother provided information about Hol-lars when requested, and the results of the background check did not raise any safety concerns. Lowe testified that her main concern was that she did not want Hollars to be present during visits because Mother should give the girls her undivided attention. Lowe also mentioned a disagreement that she had had with Mother about the extent of her visitation. Mother wanted two overnights per week with the twins, whereas Lowe thought that she should start with one; Lowe felt that this was an indication that Mother was not “concerned about their best interest.” Id. at 118. At the conclusion of the April 15 hearing, the trial court ordered that Mother’s visits be supervised due to unspecified “safety issues.” Ex. Vol. at 29. Hoeksema testified that Mother took this ruling hard and began to display a defeated attitude.

On May 4, 2010, Mother began home-based services with Elizabeth Dyson. 3 Dyson also supervised Mother’s visits with the twins and C.S. Dyson’s goals for Mother were anger control, managing stress, and improving organization, specifically, keeping track of appointments. Dyson felt that the first three months of working with Mother went well. Dyson saw improvement in Mother’s ability to divide her time between the girls and in her organization. Dyson did not have any concerns about her interaction with the girls.

Father was released from incarceration in the spring of 2010 and remained out for a few months. During this time, Father was permitted to be present for Mother’s visits with the girls. Dyson testified that Mother and Father got along during visits. Hoeksema recalled Mother mentioning Father being at her apartment several times, and Mother said that they were “together for the kids and for friendship.” Id. at 54.

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972 N.E.2d 394, 2012 WL 3265028, 2012 Ind. App. LEXIS 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-the-term-of-the-parent-child-rel-of-maj-and-myj-and-indctapp-2012.