In the Matter of the Termination of the Parent-Child Relationship of G.E.G., Jr. (Minor Child), G.E.G. (Father) and K.A.G. (Mother) v. Indiana Department of Child Services (mem. dec.)

CourtIndiana Court of Appeals
DecidedJanuary 30, 2018
Docket79A02-1708-JT-1972
StatusPublished

This text of In the Matter of the Termination of the Parent-Child Relationship of G.E.G., Jr. (Minor Child), G.E.G. (Father) and K.A.G. (Mother) v. Indiana Department of Child Services (mem. dec.) (In the Matter of the Termination of the Parent-Child Relationship of G.E.G., Jr. (Minor Child), G.E.G. (Father) and K.A.G. (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.

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In the Matter of the Termination of the Parent-Child Relationship of G.E.G., Jr. (Minor Child), G.E.G. (Father) and K.A.G. (Mother) v. Indiana Department of Child Services (mem. dec.), (Ind. Ct. App. 2018).

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Jan 30 2018, 9:34 am regarded as precedent or cited before any CLERK court except for the purpose of establishing Indiana Supreme Court Court of Appeals the defense of res judicata, collateral and Tax Court

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT- ATTORNEYS FOR APPELLEE FATHER Curtis T. Hill, Jr. Carlos I. Carrillo Attorney General of Indiana Greenwood, Indiana David E. Corey ATTORNEY FOR APPELLANT- Deputy Attorney General MOTHER Indianapolis, Indiana Luisa M. White Lafayette, Indiana

IN THE COURT OF APPEALS OF INDIANA

In the Matter of the Termination January 30, 2018 of the Parent-Child Relationship Court of Appeals Case No. of G.E.G., Jr. (Minor Child), 79A02-1708-JT-1972 G.E.G. (Father) and K.A.G. Appeal from the Tippecanoe (Mother), Superior Court The Honorable Tricia L. Appellants-Respondents, Thompson, Juvenile Magistrate v. The Honorable Faith A. Graham, Judge Indiana Department of Child Trial Court Cause No. Services, 79D03-1610-JT-102 Appellee-Petitioner.

Court of Appeals of Indiana | Memorandum Decision 79A02-1708-JT-1972 | January 30, 2018 Page 1 of 18 Najam, Judge.

Statement of the Case [1] G.E.G. (“Father”) and K.A.G. (“Mother”) appeal the trial court’s termination

of their parental rights over their minor son G.E.G., Jr. (“Child”). Father raises

four issues for our review, and Mother raises three issues. We consolidate the

parties’ arguments into the following four issues on appeal:

1. Whether the trial court abused its discretion when it admitted certain evidence against Father.

2. Whether the trial court’s conclusion that the conditions that resulted in Child’s removal from Mother will not be remedied is clearly erroneous.

3. Whether the trial court’s conclusion that the continuation of Father’s relationship with Child poses a threat to Child’s well-being is clearly erroneous.

4. Whether the trial court erred when it concluded that the termination of the parent-child relationships is in Child’s best interests.

[2] We affirm.

Court of Appeals of Indiana | Memorandum Decision 79A02-1708-JT-1972 | January 30, 2018 Page 2 of 18 Facts and Procedural History1 [3] In 2014, the Indiana Department of Child Services (“DCS”) petitioned the trial

court to have Child, who was born in February of 2006, adjudicated a Child in

Need of Services (“CHINS”) on the basis of Mother’s drug use and Child’s

absences from school. Child lived with both Mother and Father. The trial

court granted DCS’s petition, ordered Child to attend school, and ordered

Mother and Father to refrain from drugs and alcohol and to submit to drug

screens and all other services and recommendations. The court continued

Child’s placement with Mother and Father.

[4] About one month later, in February of 2015, Mother tested positive for

methamphetamine. Accordingly, the trial court ordered Mother “to be

removed from the home” and for Child to remain at the home with Father. Ex.

Vol. 1 at 24.2 At that time, Father agreed that the removal of Mother from

Child’s home was in Child’s best interests.

[5] In January of 2016, DCS removed Child from Father’s care. The next day, the

trial court found the following facts and approved of DCS’s removal of Child:

[Child] was residing in the home with his Father on the condition that Mother vacate the residence and have absolutely no unsupervised contact with [Child] due to Mother’s ongoing substance use and refusal to participate in services. DCS reports

1 Neither Father’s nor Mother’s Statements of Facts in their respective briefs on appeal are in accordance with our standard of review, which is contrary to Indiana Appellate Rule 46(A)(6)(b). 2 Our page references to the exhibits are to the .pdf paginations of the respective volumes.

Court of Appeals of Indiana | Memorandum Decision 79A02-1708-JT-1972 | January 30, 2018 Page 3 of 18 that a report was received that officers from the Tippecanoe County Community Corrections and Tippecanoe County Drug Task Force were in the Father’s home on January 3, 2016. Father consented to a search of the home and officers located two purses in the Father’s bedroom. In one purse, officers located Mother’s identification along with a clear glass smoking device identified by law enforcement as a methamphetamine pipe and a small plastic baggy with a white powdery substance that resembled methamphetamine. A second smoking device was located in the living room that had residue of burnt marijuana or spice. [Child’s] adult sister was living in the family home and had been serving her house arrest sentence there. Mother was also at the residence while [Child] was there despite the restriction. The adult sister was arrested and the Mother was allowed to leave the residence.

Id. at 51. The court then ordered Child to be placed in foster care.

[6] While in foster care, Child’s attendance, academic performance, and behavior

at school improved. The semester prior to his placement in foster care, Child

had 23 absences and 12 tardies; his grades were mostly Cs and Ds; he “was

really tired,” “often had his head down,” and “did not want to work in the

classroom”; and he had thirteen reports of “severe” behavioral issues. Tr. Vol.

2 at 23-26. However, immediately following his placement in foster care, Child

“was at school every day, on time”; his grades improved to mostly As and Bs;

he was “ready to work”; and he had a “substantial decline” in behavioral

issues. Id. at 24, 27.

[7] During the CHINS proceedings, DCS recommended that Child participate in

therapy. While in the care of Father or Mother, Child would not participate in

Court of Appeals of Indiana | Memorandum Decision 79A02-1708-JT-1972 | January 30, 2018 Page 4 of 18 that therapy. However, upon his placement in foster care, Child participated in

weekly therapy sessions with Kathleen Carmosin at Wabash Valley Alliance.

Child was initially diagnosed3 with oppositional defiance disorder stemming

from his home environment and “inconsistent parenting.” Id. at 78.

[8] During his therapy sessions, Child expressed “a lot of anxiety” with respect to

Mother and Father, which resulted in “behavior issues in the school setting”

and “with caregiver[s].” Id. at 76. With respect to Mother, Child was “fearful

that she . . . is homeless . . . , that she’s still using drugs, that she might be

literally sitting on a street corner somewhere.” Id. With respect to Father,

Child “has a lot of distrust,” especially in regards to Father’s “inability to or

struggle to say no to [Mother] or put up boundaries with [Mother]” and

“Father’s drinking.” Id. at 72-74. Although Father participated in several of

Child’s therapy sessions, Carmosin opined that Father had made “[m]inimal to

no[]” progress with Child and that Father was not in a position to reassume the

role of Child’s primary caregiver. Id. at 74-75. Mother did not participate in

Child’s therapy sessions.

[9] On October 27, 2016, DCS filed its petition to terminate Mother’s and Father’s

parental rights over Child. During the ensuing evidentiary hearing, DCS

submitted the records of the CHINS proceedings, which included an April 17,

2015, order that prohibited Mother from visiting Child until she “maintain[ed]

3 It is not clear from the record who at Wabash Valley Alliance diagnosed Child.

Court of Appeals of Indiana | Memorandum Decision 79A02-1708-JT-1972 | January 30, 2018 Page 5 of 18 thirty (30) days of clean drug screens.” Ex. Vol. 1 at 32. Mother repeatedly

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