MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any FILED court except for the purpose of establishing Apr 28 2017, 8:52 am the defense of res judicata, collateral CLERK estoppel, or the law of the case. Indiana Supreme Court Court of Appeals and Tax Court
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Amy Karozos Curtis T. Hill, Jr. Greenwood, Indiana Attorney General of Indiana
Robert J. Henke Abigail R. Recker Deputy Attorneys General Indianapolis, Indiana
IN THE COURT OF APPEALS OF INDIANA
In the Matter of the Termination April 28, 2017 of the Parent-Child Relationship Court of Appeals Case No. of C.D. & J.D. (Children) and 49A02-1611-JT-2466 N.D. (Mother); Appeal from the Marion Superior Court N.D. (Mother), The Honorable Marilyn Moores, Appellant-Respondent, Judge The Honorable Larry Bradley, v. Magistrate Trial Court Cause No. The Indiana Department of 49D09-1605-JT-480 Child Services, 49D09-1605-JT-481
Appellee-Petitioner
Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017 Page 1 of 19 May, Judge.
[1] N.D. (“Mother”) appeals the termination of her parental rights to C.D. and
J.D. (collectively, “Children”). She argues the evidence was insufficient to
support termination. We affirm.
Facts and Procedural History [2] C.D. was born to Mother and E.B. 1 on January 21, 2014. Mother is diagnosed
with schizophrenia and Post-Traumatic Stress Disorder (“PTSD”). In August
2014, Mother took C.D. to Riley Children’s Hospital because C.D. had a mark
under his eye. 2 The Department of Child Services (“DCS”) received a report on
August 17, 2014, concerning Mother’s ability to care for C.D., alleging Mother
was homeless and was not taking medication for her mental health diagnoses.
[3] On August 18, 2014, Family Case Manager (“FCM”) Peter McCoskey
completed an initial assessment of Mother and C.D. McCoskey spoke with
Mother, a social worker at Riley Hospital, and a case manager from the shelter
at which Mother had been staying. McCoskey learned Mother lost her bed at
the shelter when she took C.D. to the hospital and “had no place to go,” (Tr. at
40), because she did not make it back to the shelter before the cut-off time.
1 The alleged father of C.D. is E.B., who is believed to be deceased. 2 The record does not indicate how the “mark” under C.D.’s eye originated. (Tr. at 41.)
Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017 Page 2 of 19 Mother also informed McCoskey she had stopped attending her mental health
treatment sessions at the beginning of August.
[4] That same day, DCS removed C.D. from Mother’s care on an emergency basis
and placed C.D. in foster care. Later that day, the juvenile court held an initial
hearing on C.D.’s removal. The court found C.D. was “seriously endangered,”
(Ex. 2), and it was in C.D.’s best interests to be removed from Mother’s care.
The court granted DCS temporary wardship of C.D. and granted DCS
permission to file a petition alleging C.D. was a Child in Need of Services
(“CHINS”). The court appointed a Guardian Ad Litem (“GAL”) for C.D.
DCS filed its petition alleging C.D. was a CHINS under Cause Number 49D09-
1408-JC-1764 (“Cause No. 1764”).
[5] On October 21, 2014, the court held a fact-finding hearing on DCS’s CHINS
petition. Mother’s counsel, DCS’s counsel, C.D.’s GAL, C.D.’s maternal
grandmother (“Grandmother”), 3 and Grandmother’s counsel appeared.
Grandmother requested C.D. be placed in her care. Mother failed to appear,
but Mother’s attorney stated Mother objected to C.D.’s placement with
Grandmother, and counsel requested a continuance. The court granted the
continuance and ordered DCS to investigate placing C.D. with Grandmother.
3 We note the record refers to “grandparents” and “grandmother” interchangeably. Based on context in the record, we infer the trial court’s reference to “grandparents” is to Grandmother and her boyfriend. For clarity, we refer only to “Grandmother” in this opinion.
Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017 Page 3 of 19 [6] On October 28, 2014, the court held the continued fact-finding hearing and
adjudicated C.D. a CHINS. Mother appeared and objected to C.D.’s
placement with Grandmother, alleging “she ha[d] safety issues” with
Grandmother. (Ex. 9.) The court ordered C.D. remain in his foster care
placement and not be placed with Grandmother. The court also entered a
parental participation order requiring Mother to engage in a homebased
counseling program, all family members actively participate in the homebased
counseling, and Mother meet all personal medical and mental health needs in a
timely and complete manner. Specifically, the court ordered Mother to follow
all directions of her nurses and doctors, attend all appointments, and properly
take all medications prescribed to her. The court authorized Mother to have
more parenting time pending recommendations from service providers.
[7] In November 2014, Mother obtained an apartment of her own with support
from Midtown Community Mental Health Center. On December 19, 2014,
Mother filed a motion requesting C.D. be placed in Grandmother’s care. The
court set a hearing on Mother’s motion for January 20, 2015. At the January
20 hearing, Mother withdrew her request and indicated she no longer wished to
have C.D. placed with Grandmother. The court ordered C.D.’s placement in
foster care continue.
[8] On February 17, 2015, the court held a periodic review hearing. Mother and
her attorney requested DCS refer a new homebased provider because Mother
was having conflicts with her current homebased provider. The court ordered
DCS to make a new referral for Mother’s homebased provider and to continue
Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017 Page 4 of 19 supervised parenting time. The court further ordered DCS to make referrals for
services for Mother’s boyfriend, J.M. (“Boyfriend”), if he was willing to
participate.
[9] On May 19, 2015, Mother filed a motion to have C.D. placed with
Grandmother. On May 26, 2015, the court held a periodic review hearing. At
the hearing, Mother reaffirmed her request for C.D. to be placed with
Grandmother. The court ordered for C.D.’s continued placement in his current
foster care, but authorized C.D.’s “transition into [Grandmother’s] home
pending positive recommendations” by service providers. (Ex. 14.)
[10] On July 31, 2015, Mother gave birth to J.D. 4 When J.D. was born, Mother had
not completed any services required by the court for C.D. to return to her care
under Cause No. 1764. Mother also was not successfully engaging in visitation
services. Thus, on August 5, 2015, DCS removed J.D. from Mother’s care and
placed him in foster care, citing Mother’s inability, refusal, and neglect. That
same day, the court held a hearing on J.D.’s removal. The court granted DCS
permission to file a CHINS petition, granted DCS temporary wardship of J.D.,
and appointed a GAL for J.D. DCS filed its petition alleging J.D. was a
CHINS under Cause Number 49D01-1508-JC-2371 (“Cause No. 2371”).
4 Boyfriend is the alleged father of J.D., but the record does not indicate his paternity was ever established. As he was never made a party to these proceedings involving J.D., Boyfriend is not part of this appeal.
Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017 Page 5 of 19 [11] On August 11, 2015, the court held a permanency hearing for C.D. under
Cause No. 1764. The court noted Mother had not seen C.D. since December
2014 and Mother previously had indicated “she did not want [C.D.]” (Ex. 20.)
DCS nevertheless recommended the plan for C.D. remain reunification, “not
because of any progress that Mother ha[d] made,” but so J.D. and C.D. would
“be on a similar ‘track.’” (Id.) The court noted “Mother [had] shown some
renewed motivation” since J.D. was born, (id.), and ordered the permanency
plan remain reunification.
[12] On September 28, 2015, Mother filed a motion to have J.D. placed with
Grandmother. On September 29, 2015, the court held a dispositional hearing
for J.D. The court adjudicated J.D. a CHINS and ordered for him to remain in
his current foster care placement. The court denied Mother’s request to have
J.D. placed with Grandmother because of allegations Mother had made to DCS
about Grandmother sexually abusing C.D., 5 but it authorized Grandmother to
have supervised visitation with J.D. The court also entered a parental
participation decree ordering Mother and Boyfriend to engage in homebased
therapy, homebased case management, and domestic violence services. The
court further ordered Mother to complete a psychological evaluation.
5 Mother made numerous allegations of abuse against Grandmother throughout this CHINS case. None of the allegations were substantiated. At the termination hearing, Mother testified her allegations were not true and she made up allegations about Grandmother “to get back at [Grandmother]” because she thought Grandmother “was against [her].” (Tr. at 20.)
Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017 Page 6 of 19 [13] On November 4, 2015, DCS filed a motion to suspend all visitation between
Grandmother and Children based on Mother’s continued allegations of abuse
by Grandmother. On November 12, 2015, the court suspended visitation
between Children and Grandmother.
[14] On December 1, 2015, the court held a periodic review hearing for both
Children. Children were in foster care. Mother’s counsel indicated Mother
was attending domestic violence classes and counseling. Mother again noted
her “concerns with [Children] being placed with [Grandmother],” citing a
“previous molest.” (Ex. 27.) The court continued Children in their foster care
placement and continued the suspension of visitation between Children and
Grandmother. The permanency plan remained reunification.
[15] On March 15, 2016, the court held a review hearing. Mother’s counsel reported
Mother “felt she was [not] getting anywhere” with her homebased service
providers, and counsel requested Mother be provided a new case manager.
(Ex. 28.) Mother requested “[J.D.] be placed with her and [C.D.] be placed
with [Grandmother],” but that if J.D. could not be placed with Mother, Mother
requested J.D. also be placed with Grandmother. (Id.) The court denied
Mother’s requests and ordered Children remain in foster care. The court
ordered parties to meet and discuss permanency issues, and it scheduled a
permanency hearing for April 19, 2016.
[16] Mother appeared for that permanency hearing, but Boyfriend failed to appear.
The court made the following findings:
Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017 Page 7 of 19 1) This matter has been open since August of 2014 for [C.D.] and August of 2015 for [J.D.] and no service provider has recommended that these children be placed into the care of Mother or [Boyfriend].
2) Mother has not completed her homebased case management and has not been adequately addressing her mental health needs.
3) Mother last visited with the children on January 8, 2016 despite being offered multiple options.
4) [Boyfriend] is not participating in any services and his current whereabouts are unknown.
5) Neither parent has fully enhanced their ability to parent and while some progress has been made to achieve a successful reunification, it is not sufficient enough to merit keeping the plan reunification.
6) The children are in foster care and that care provider is willing to adopt.
7) The best interests of these children require a change in plan to adoption.
(Ex. 29.) The court further found DCS made “extensive efforts” to provide
Mother and Boyfriend with services to assist them in addressing their issues,
(id.), but Mother and Boyfriend failed to meaningfully engage with any service
provider or address their issues “in any manner” to act in Children’s best
interests. (Id.) The court changed the permanency plan for Children to
Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017 Page 8 of 19 adoption. The court scheduled a permanency review hearing for August 9,
2016.
[17] In May 2016, Mother moved in with Grandmother, and she continued living
there for the remainder of the case. On May 12, 2016, DCS filed its petition to
terminate Mother’s parental rights. On September 28, 2016, the trial court held
a termination hearing. The court heard thorough testimony from Mother,
Grandmother, FCM McCoskey, FCM Elizabeth Benitez, FCM Jennifer Hart,
FCM Jen Blevins, FCM Joycelynn Harrell, and Children’s GAL. On October
5, 2016, the trial court terminated Mother’s parental rights to Children.
Discussion and Decision [18] “The Fourteenth Amendment to the United States Constitution protects the
traditional right of parents to establish a home and raise their children.” In re
G.Y., 904 N.E.2d 1257, 1259 (Ind. 2009), reh’g denied. To terminate a parent’s
rights, the State must file a petition in accordance with Indiana Code Section
31-35-2-4 and then prove the allegations therein by clear and convincing
evidence. Id. at 1260-61. If the court finds the allegations in the petition are
true, it must terminate the parent-child relationship. Ind. Code § 31-35-2-8; In
re N.G., 51 N.E.3d 1167, 1170 (Ind. 2016).
[19] A petition to terminate the parent-child relationship must allege:
(A) that one (1) of the following is true:
Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017 Page 9 of 19 (i) The child has been removed from the parent for at least six (6) months under a dispositional decree.
(ii) A court has entered a finding under IC 31-34-21-5.6 that reasonable efforts for family preservation or reunification are not required, including a description of the court’s finding, the date of the finding, and the manner in which the finding was made.
(iii) The child has been removed from the parent and has been under the supervision of a local office or probation department for at least fifteen (15) months of the most recent twenty-two (22) months, beginning with the date the child is removed from the home as a result of the child being alleged to be a child in need of services or a delinquent child;
(B) that one (1) of the following is true:
(i) There is a reasonable probability that the conditions that resulted in the child’s removal or the reasons for placement outside the home of the parents will not be remedied.
(ii) There is a reasonable probability that the continuation of the parent-child relationship poses a threat to the well-being of the child.
(iii) The child has, on two (2) separate occasions, been adjudicated a child in need of services;
(C) that termination is in the best interests of the child; and
(D) that there is a satisfactory plan for the care and treatment of the child.
Ind. Code § 31-35-2-4(b)(2). The trial court must enter findings of fact to
support each of its conclusions as to those allegations. Ind. Code § 31-35-2-8(c).
[20] We review termination of parental rights with great deference. In re K.S., D.S.,
& B.G., 750 N.E.2d 832, 836 (Ind. Ct. App. 2001). We will not reweigh Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017 Page 10 of 19 evidence or judge credibility of witnesses. In re D.D., 804 N.E.2d 258, 265 (Ind.
Ct. App. 2004), trans. denied. Instead, we consider only the evidence and
reasonable inferences most favorable to the judgment. Id. We apply a two-
tiered standard of review: we determine first whether the evidence clearly and
convincingly supports the findings, and second whether the findings clearly and
convincingly support the conclusions. In re E.M., 4 N.E.3d 636, 642 (Ind.
2014). However, where a party challenges the judgment but does not challenge
the findings of fact as unsupported by the evidence, we look only to the findings
to determine whether they support the judgment. Smith v. Miller Builders, Inc.,
741 N.E.2d 731, 734 (Ind. Ct. App. 2000). We will set aside a judgment
terminating a parent’s rights only if it is clearly erroneous. In re L.S., 717
N.E.2d 204, 208 (Ind. Ct. App. 1999), reh’g denied, trans. denied, cert. denied 534
U.S. 1161 (2002).
[21] Mother challenges the court’s conclusion under subsection (B) that there was a
reasonable probability the continuation of the parent-child relationship poses a
threat to the well-being of the child. 6 In concluding continuation of the parent-
6 In her Reply Brief, Mother argues she “[does] not concede the sufficiency of any of the other required elements” in her Appellant’s Brief, but merely “raised her strongest arguments[.]” (Appellant’s Reply Br. at 5.) However, Mother fails to make any specific arguments challenging the trial court’s conclusions the Children had been removed from Mother’s care for the requisite time period under subsection (A), termination is in the best interests of Children under subsection (C), or there was a satisfactory plan for care and treatment of the Children under subsection (D). Therefore, to the extent Mother challenges the sufficiency of the trial court’s conclusions under subsections (A), (C), or (D), we hold she waived these arguments on appeal because she failed to support them with a cogent argument. See In re A.D.S. v. Ind. Dep’t of Child Servs., 987 N.E.2d 1150, 1156 n.4 (Ind. Ct. App. 2013) (finding elements of Ind. Code § 31-35-2- 4(b)(2) waived where appellant failed to make cogent argument), trans. denied.
Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017 Page 11 of 19 child relationship posed a threat to Children’s well-being, the trial court stated
“the children’s safety would be questionable if placed with their mother due to
lack of interest, lack of parenting skills, and failure to adequately address
domestic violence issues.” (App. Vol. II at 26.) In support of this conclusion,
14. The parenting time referral could be up to ten hours per week. When she does participate in visits, [Mother] has limited the time to two hours or less.
15. Although she has repeatedly been offered more parenting time and chances to make up missed visits, [Mother] has responded that more than two hours is too much and the IDCS should be able to tell in two hours whether she can parent.
16. [Mother] has only attended twelve visits with her children during the 2016 calendar year. She has told her parenting time supervisor that she has other things to do and has important appointments. She has missed visits, or left early, to watch a television show.
17. [Mother] was not open to suggestions or direction during parenting time.
*****
19. [Mother] suffers from a diagnosis of [PTSD] and Paranoid Schizophrenia. She appears to be taking her medications but has admitted to the family case manager and at a team meeting of going off and on them during the CHINS case. She is to receive therapy and medication through Midtown Mental Health but
Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017 Page 12 of 19 [Mother] has retracted her consent to release of information to verify compliance. She refused another type of therapy referral.
20. [Mother] admitted on multiple occasions that there was domestic violence in her home and parenting time was moved from in-home to an agency due to safety concerns.
21. A domestic violence referral was made three times. [Mother] commenced a twenty-six week program twice but did not complete one.
23. At the time of trial in this matter, [Mother] was residing with her mother and her mother’s boyfriend in a two-bedroom home. She had an apartment on her own from November of 2014 to May of 2016.
24. [Grandmother] would be some support but there are concerns regarding the unstable relationship between [Mother] and [Grandmother]. Throughout the CHINS case [Mother] has gone back and forth on having the children placed with her mother and the granting of Grandmother visitation.
(Id.)
[22] These findings are supported by the evidence. Benitez, who was Mother’s visit
supervisor from August 2014 through October 2014, testified she and Mother
“didn’t make any progress” in their time together. (Tr. at 44.) As a result of
Mother’s frequent cancellations and no-shows, Benitez was forced to close her
case with Mother in October 2014.
Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017 Page 13 of 19 [23] FCM Harrell, who was assigned to this case in September 2015, also testified
regarding Mother’s failure to make progress in parental visits. Harrell testified
Mother was allowed eight to ten hours of parenting time a week and could
“split that eight to ten hours up however she want[ed].” (Id. at 62.) However,
Harrell testified Mother “visit[ed] once a week when she [did] not cancel,” (id.),
and then only for “about two hours.” (Id.) Harrell indicated Mother gave
various excuses for canceling, including on a couple of occasions, wanting to
watch her “favorite show” instead of visiting. (Id.)
[24] Harrell also indicated Mother became upset at parenting visits when Harrell
gave Mother suggestions on parenting, and Mother would often “end the visit.”
(Id. at 62-63.) Mother had even preemptively canceled parenting visits on the
basis “she didn’t want to get into an argument with [Harrell].” (Id. at 63.)
Other reasons Mother had given for cancelling include needing to take care of
Grandmother because she is “older,” (id.), being “tired from taking her
medication,” (id.), and having other “important appointments.” (Id.) Harrell
further testified Mother was “distracted at times during the visits” in contrast to
Children, who were very active. (Id. at 67.) In total, Harrell testified Mother
attended only twelve visits with Children in 2016. Harrell opined she would
“want to see that [Mother] is able to have longer visit times with [Children] and
be able to manage [Children] the entire visit without [Harrell] having to
intervene” before Children could return to Mother’s care. (Id. at 77.)
[25] The court’s finding of safety concerns are further supported by FCM Blevins’
testimony. Blevins, like Harrell, testified Mother “was having problems making
Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017 Page 14 of 19 it to the assigned visitation times at the same time every week and seemed to
always have an urgent issue pop up in the two hours per week or less that she
visited.” (Id. at 81.) Mother admitted to Blevins she was “off and on her
medication” for her PTSD and schizophrenia, (id. at 82), and Mother admitted
to Blevins that domestic violence occurred with Boyfriend. Blevins stated on
one occasion, she heard what sounded like domestic violence occurring on a
voicemail Mother left Blevins. Blevins described the voicemail containing
“screaming and saying no,” (id.), “banging,” (id.), and “some kind of physical
altercation.” (Id.) The trial court noted that, while Mother was referred to
domestic violence programs, she never completed any.
[26] Blevins testified “[Mother] has never progressed enough with her supervised
parenting time to go to unsupervised parenting time. She’s actually probably
regressed a little bit.” (Id. at 83.) Blevins indicated Mother regressed because
“she’s gone backwards in the amount of time that she spends with the children
and with her interaction with the children.” (Id.) Blevins further indicated she,
the Children’s GAL, and Harrell met with Mother at one point “to talk her into
[participating in] more parenting time[,]” but Mother “maintained that [they]
should be able to tell if she was a good parent within that two hours” she was
already attending, and “anything more than two hours [was] too much for her.”
(Id.) Blevins described Mother as being “erratic and more emotional” when she
was off her medication. (Id. at 84.) Ultimately, Blevins asked the court to
terminate the parent-child relationship between Mother and Children because
she “[did not] feel that [Mother] can parent the children.” (Id. at 85.)
Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017 Page 15 of 19 [27] As the trial court found, the evidence indicates returning to Mother’s care
would pose grave concerns for Children’s safety and well-being. Indeed, if
Children were placed back into Mother’s care, they would be living in
Grandmother’s home with Mother, Grandmother, and Grandmother’s
boyfriend. Blevins specifically indicated she was concerned Mother “would
continue to engage in domestic violence, would continue to have instability
with her mental health, and continue to have instability with her relationship
with [Grandmother].” (Id.) Blevins testified she did not believe it was safe for
Children to be living with Mother in Grandmother’s home given the allegations
Mother had made on several occasions regarding Grandmother molesting her
and C.D. Blevins noted how Mother had been inconsistent with her allegations
against Grandmother, changing her story “every couple of months for the
duration of the case.” (Id. at 86.) Blevins noted Mother’s allegation that
Grandmother molested Mother and C.D., followed by Mother’s statement she
“forgave her mother for doing that and then she wanted [Children] placed with
[Grandmother],” then Mother’s statement that “nothing happened and she
lied” about the whole thing. (Id.)
[28] We note that, at the termination hearing, Mother testified her allegations
against Grandmother were not true and she made up the allegations “to get
back at” Grandmother because she thought Grandmother “was against her.”
(Id. at 20.) The record does not reflect the trial court’s conclusion as to the
veracity of Mother’s allegations, and we will not endeavor to judge Mother’s
credibility. See In re D.J. v. Indiana Dep’t of Child Servs., 68 N.E.3d 574, 577-78
Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017 Page 16 of 19 (Ind. 2017) (appellate court does not reweigh evidence or judge witness
credibility). However, as the trial court found, one thing is patently clear from
the record: Mother has a seriously unstable relationship with Grandmother. In
addition to her inconsistent allegations of abuse against Grandmother, Mother
repeatedly filed and withdrew motions to have Children placed with
Grandmother throughout the case. In light of the clear pattern of instability,
the trial court was warranted in concluding returning to Mother’s care would
pose serious safety concerns for Children.
[29] Mother’s argument the trial court’s conclusion “is not supported by the
evidence or findings,” (Appellant’s Br. at 20), is without merit. Mother asserts
“DCS did not present evidence that showed a lack of parenting skills,” (id.),
pointing to testimony from DCS family case managers that she “demonstrate[d]
basic parenting knowledge,” (Tr. at 44), “appropriately discipline[d] or
redirect[ed] [Children] when necessary,” (id. at 56), and was “nurturing.” (Id.
at 69.)
[30] However, where Mother cites DCS’s testimony discussing Mother’s positive
attributes, she omits accompanying DCS testimony regarding her failure to
make progress. For example, Benitez’s testimony, when read as a whole, states
Mother “was able to demonstrate basic knowledge, um and uh [sic] she did
some bonding activities. But visits were infrequent due to a lot of cancellations
and no shows.” (Id. at 44.) Additionally, while Hart testified she observed
Mother “appropriately discipline and redirect” Children, Hart also discussed
having to move parenting visitations from Mother’s home to the DCS offices
Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017 Page 17 of 19 for Children’s safety because Mother reported verbal altercations with
Boyfriend. Lastly, Harrell acknowledged “when [Mother] is there with
[Children], she is nurturing with them,” but noted if she suggested anything to
Mother, Mother would “become very upset” and end visits early. (Id. at 69-70.)
In light of all these facts, the evidence supports the trial court’s findings, and
those findings support the conclusion that Children’s safety would be at risk in
Mother’s care and, thus, continuation of the parent-child relationship posed a
threat to Children’s well-being. 7 See In re K.S., 750 N.E.2d 832, 838 (Ind. Ct.
App. 2001) (holding evidence and findings clearly supported conclusion
continuation of parent-child relationship posed a threat to children’s well-
being).
Conclusion [31] Mother’s lack of parenting skills, lack of interest in improving those skills, and
failure to address domestic violence issues are clearly supported by the record.
The court did not err in concluding there was a reasonable probability
continuation of the parent-child relationship posed a threat to Children under
7 Because our legislature wrote subsection (B) in the disjunctive, a trial court needs to find only one of the three requirements established by clear and convincing evidence before terminating parental rights. In re L.S., 717 N.E.2d 204, 209 (Ind. Ct. App. 1999), reh’g denied, trans. denied, cert. denied 534 U.S. 1161 (2002). Nevertheless, we note the trial court found there was a reasonable probability both under subsection (B)(i) the conditions that resulted in Children’s removal or continued placement outside the home would not be remedied by Mother and under subsection (B)(ii) there was a reasonably probability the continuation of the parent-child relationship poses a threat to the well-being of Children. Mother challenges both conclusions. Because there is sufficient evidence continuation of the parent-child relationship poses a threat to the well- being of Children under (B)(ii), we need not address the court’s conclusion under (B)(i).
Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017 Page 18 of 19 Indiana Code Section 31-35-2-4(b)(2)(B)(ii). Accordingly, we affirm its decision
to terminate Mother’s parental rights.
[32] Affirmed.
Najam, J., and Bailey, J., concur.
Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017 Page 19 of 19