In the Matter of the Termination of the Parent-Child Relationship of S.L., A.E., and D.E. C.E. (Father) and M.L. (Mother) v. Indiana Department of Child Services (mem. dec.)

CourtIndiana Court of Appeals
DecidedJuly 24, 2018
Docket18A-JT-261
StatusPublished

This text of In the Matter of the Termination of the Parent-Child Relationship of S.L., A.E., and D.E. C.E. (Father) and M.L. (Mother) v. Indiana Department of Child Services (mem. dec.) (In the Matter of the Termination of the Parent-Child Relationship of S.L., A.E., and D.E. C.E. (Father) and M.L. (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 the Matter of the Termination of the Parent-Child Relationship of S.L., A.E., and D.E. C.E. (Father) and M.L. (Mother) v. Indiana Department of Child Services (mem. dec.), (Ind. Ct. App. 2018).

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Jul 24 2018, 10:27 am court except for the purpose of establishing CLERK the defense of res judicata, collateral Indiana Supreme Court Court of Appeals and Tax Court estoppel, or the law of the case.

ATTORNEY FOR APPELLANT- ATTORNEYS FOR APPELLEE FATHER Curtis T. Hill, Jr. Rebecca L. Gray Attorney General of Indiana The Law Offices of Rebecca Gray, LLC Carmel, Indiana David E. Corey Deputy Attorney General ATTORNEY FOR APPELLANT- Indianapolis, Indiana MOTHER Cara Schaefer Wieneke Wieneke Law Office, LLC Brooklyn, Indiana

IN THE COURT OF APPEALS OF INDIANA

In the Matter of the Termination July 24, 2018 of the Parent-Child Relationship Court of Appeals Case No. of S.L., A.E., and D.E.; 18A-JT-261 C.E. (Father) and M.L. Appeal from the Shelby Superior (Mother), Court The Honorable R. Kent Apsley, Appellants-Respondents, Judge v. Trial Court Cause No. 73D01-1705-JT-4 73D01-1705-JT-5 Indiana Department of Child 73D01-1705-JT-6 Services,

Court of Appeals of Indiana | Memorandum Decision 18A-JT-261 | July 24, 2018 Page 1 of 21 Appellee-Petitioner.

Najam, Judge.

Statement of the Case [1] C.E. (“Father”) and M.L. (“Mother”) (collectively “Parents”) appeal the trial

court’s termination of their parental rights over their minor children A.E. and

D.E., and Mother also appeals the termination of her parental rights over her

minor child by another father, S.L.1 Parents present the following issues for our

review:

1. Whether the trial court erred when it concluded that the Indian Child Welfare Act does not apply to this proceeding.

2. Whether the State presented sufficient evidence to support the termination of Father’s parental rights.

[2] We affirm.

1 S.L.’s father, S.B., does not participate in this appeal.

Court of Appeals of Indiana | Memorandum Decision 18A-JT-261 | July 24, 2018 Page 2 of 21 Facts and Procedural History [3] Mother gave birth to S.L. on October 5, 2011. Thereafter, Mother met and

married Father, and they had two children together, A.E. and D.E., born in

2013 and 2015, respectively.2 At some point prior to D.E.’s birth, Father, a

foreign national, left the United States to live in Spain, but he remained married

to Mother.

[4] On July 1, 2015, Mother sought emergency medical treatment because she

“believed herself and [the C]hildren [to be] covered with bedbugs.” Appellants’

App. Vol. 2 at 64. After health care providers determined that Mother and the

Children were not covered in bedbugs and were medically fine, Mother

continued to insist that “bedbugs were crawling all over her and [the

C]hildren.” Id. Accordingly, the Indiana Department of Child Services

(“DCS”) took emergency custody of the Children and placed them in foster

care. Thereafter, DCS filed petitions alleging that the Children were children in

need of services (“CHINS”), and the trial court found the Children to be

CHINS by order dated February 12, 2016. After Parents failed to fully comply

with services, on May 1, 2017, DCS filed petitions to terminate their parental

rights over A.E. and D.E., as well as a petition to terminate Mother’s parental

rights over S.L.

2 For ease of discussion, we will refer to the three children, collectively, as “the Children.” We will also, however, refer to A.E. and D.E. as “the Children” where our discussion is relevant only to them, as will be obvious from the context.

Court of Appeals of Indiana | Memorandum Decision 18A-JT-261 | July 24, 2018 Page 3 of 21 [5] Following a hearing, the trial court granted the petitions on December 26, 2017.

In support of its order, the trial court entered the following findings and

conclusions:

9. Father . . . is a foreign national, educated from middle school through high school in the United States, but due to a violation of the United States law cannot return to the United States at this time or for the next seven and one-half (7 ½) years. He continues to be married to [M]other. . . .

10. Father . . . had left the United States prior to the beginning of the CHINS cases concerning [the C]hildren, and [he] is currently in Spain with no current possibility for return to the United States.

***

12. All three [C]hildren were in the custody and control of [M]other . . . on July l, 2015[,] and were removed by DCS without court order on an emergency basis. A hearing was timely held on July 2, 2015. The Court found that the emergency removal and detention was necessary to protect the [C]hildren. The Court further found that on July l, 2015[,] [M]other . . . was hysterical and believed herself and her [C]hildren were covered with bedbugs. She believed one of her children had a seizure due to the bedbugs digging into his skin and that the child had stopped breathing. When medics arrived the child was pink, warm and dry. No bedbugs or evidence of bedbugs was observed. Mother and the [C]hildren were examined at W.S. Major Hospital. There were no bite marks or any evidence of bedbugs. Mother stated that she was not crazy and continued to state that bedbugs were crawling all over her and her [C]hildren.

Court of Appeals of Indiana | Memorandum Decision 18A-JT-261 | July 24, 2018 Page 4 of 21 13. All three [C]hildren were detained by Court Order at the hearing held on July 2, 2015, [and they were] placed in foster care[,] where they remain.

14. Mother appeared with counsel on September 24, 2015[,] and admitted that her [C]hildren were CHINS.

15. The Court held a Dispositional Hearing on February 11, 2016[,] and issued a written order on February 12, 2016.

16. As a part of the Dispositional Order, [M]other was ordered to inpatient drug treatment and to contact her Family Case Manager every week.

17. Mother resisted all help from DCS and failed to visit [the C]hildren.

18. DCS attempted to provide visitation with the [C]hildren and [M]other from the day the [C]hildren were detained.

19. DCS provided transportation for [M]other to visit [the C]hildren, however [M]other repeatedly failed to visit [the C]hildren.

20. Father . . . remained married to [M]other and communicated with her by phone after his [C]hildren were detained.

21. Father . . . called the Family Case Manager on August 6, 2015[,] and again on August 7, 2015, asserting he was the father of two of the children. DCS asked him to confirm his identity and relationship with the children. In his conversation with the Case Manager, he was told of the next court date and he informed the Case Manager that his lawyer would be representing him at the hearing.

Court of Appeals of Indiana | Memorandum Decision 18A-JT-261 | July 24, 2018 Page 5 of 21 22. Father . . . did attempt to send a [facsimile] to DCS with his identifying information, however, the photograph of his ID/passport was illegible.

23. As of February 8, 2016, neither DCS nor the Court had any additional information concerning either father [S.B. or C.E.] and the Court authorized service on the fathers by publication.

24. Fathers, [S.B. and C.E.], were defaulted at a hearing held May 12, 2016.

*** 27. As of September 8, 2016, over a year since the [C]hildren were detained, [M]other had failed to participate in services. Mother, however at that time was in jail on an unrelated criminal matter and substance abuse treatment was provided to her while in jail and DCS arranged for inpatient treatment upon her release.

28. The DCS Family Case Manager drove [Mother] to her inpatient treatment program and [M]other did complete the program.

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