McKinney v. Greene County Office of Family & Children

675 N.E.2d 1134, 1997 Ind. App. LEXIS 48
CourtIndiana Court of Appeals
DecidedJanuary 29, 1997
DocketNo. 28A05-9608-JV-342
StatusPublished
Cited by2 cases

This text of 675 N.E.2d 1134 (McKinney v. Greene County Office of Family & Children) 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
McKinney v. Greene County Office of Family & Children, 675 N.E.2d 1134, 1997 Ind. App. LEXIS 48 (Ind. Ct. App. 1997).

Opinions

OPINION

BAKER, Judge.

Nancy McKinney appeals the trial court’s termination of her parental rights. She presents several issues for our review, which we consolidate and restate as whether the evidence was sufficient to support the termination of her parental rights.

FACTS

On May 23, 1987, McKinney gave birth to C.M. In September of 1989, C.M. was accidentally shot by his older brother, N.M. As a result of the accident, C.M. is a paraplegic and needs breathing treatments, medication and physical therapy.

On April 21, 1994, the Greene County Office of Family and Children (OFC) filed a petition alleging that C.M. was a child in need of services (CHINS). In the petition, the OFC alleged that:

A. [C.M.] is six (6) years of age and confined to a wheelchair because of paralysis from the waist down.
B. [C.M.] cannot care for himself without assistance, including leaving the house in ease of emergency.
C. [C.M.’s] Mother left him unattended from at least two o’clock P.M. to seven o’clock P.M. on April 19,1994.
D. [C.M.] states that his mother leaves him unattended frequently.
E. [C.M.] states that he needs breathing treatments, physical therapy and medication which his Mother does not provide for him.
F. [C.M.’s] mother fails to see that he attends school regularly.

Record at 116. McKinney later filed a written admission to these allegations.

Shortly after the OFC filed this petition, it filed a similar petition for N.M. N.M. was subsequently adjudicated a CHINS and placed in a juvenile facility. In November of 1994, McKinney helped N.M. run away from the juvenile home. McKinney then brought N.M. with her when she committed Residential Entry,1 a Class D felony, for which she spent ninety days in jail.

After a hearing in January of 1995, the trial court found C.M. to be a CHINS and entered a dispositional order. This order detailed McKinney’s responsibilities with respect to C.M.’s care and required her to participate in C.M.’s physical therapy and engage in supervised visitation with him. Additionally, the trial court ordered McKinney to participate in individual therapy.

On December 1, 1995, the OFC filed a Petition for Involuntary Termination of Parental Rights. The trial court conducted an evidentiary hearing on the petition on April 30, 1996. During the hearing, McKinney claimed that the allegations in the CHINS petition were not true and that she had signed the written admission to the allegations because her attorney told her that it [1137]*1137was the only way C.M. could receive government services. On May 20, 1996, the trial court terminated McKinney’s parental rights with respect to C.M. McKinney now appeals the termination. Additional facts will be supplied as necessary.

DISCUSSION AND DECISION

McKinney does not specifically challenge any of the elements the OFC is required to prove to effectuate a termination, but rather claims that the OFC failed to prove the necessary elements by clear and convincing evidence. In particular, McKinney contends that the trial court improperly relied on her admission to the allegations in the CHINS petition, which she repudiated during the termination proceedings, as the sole evidence to support the termination:

As a result of what happened in this case, there was no reliable evidence showing in a clear and convincing fashion that the requirements of the statute were met.... The only evidence that was presented by OFC that [McKinney] did not provide an adequate home while [C.M.] was in her custody was a repudiated admission of allegations in a CHINS petition.

Appellant’s Brief at 14-15. McKinney also argues that at the time of the termination hearing she had taken sufficient steps to improve her care of C.M. and, as a result, prevent the termination, of her parental rights.

In response, the OFC argues that this court need not address the issue of whether the trial court properly considered McKinney’s admission of the allegations in the CHINS petition because McKinney is barred by the doctrine of collateral estoppel from relitigating the facts admitted in the CHINS petition as to C.M.’s neglect. Additionally, the OFC argues that the record sufficiently supports the trial court’s termination of McKinney’s parental rights.

I. Collateral Estoppel

Initially, we address the OFC’s argument that McKinney was barred during the termination proceedings from relitigating the issues of admission and neglect from the CHINS proceedings. Collateral estoppel operates to bar relitigation of an issue which was necessarily adjudicated in a former suit. Sullivan v. American Casualty Co., 605 N.E.2d 134, 187 (Ind.1992). Where a party seeks to relitigate an issue, the first adjudication is conclusive even if the second action is on a different claim. Id.

In determining whether to apply the doctrine of collateral estoppel, Indiana courts have traditionally examined whether the party seeking estoppel established the following elements: (1) a final judgment in a former suit on the merits in a court of competent jurisdiction; (2) an identity of issues; and (3) the party to be estopped was a party in the prior action or in privity with that party. Bojrab v. John Carr Agency, 597 N.E.2d 376, 379 (Ind.Ct.App.1992). However, the primary consideration in determining the appropriateness of allowing a party to assert collateral estoppel is whether the party against whom the judgment is pled had a full and fair opportunity to litigate the issue in a previous action and whether it would be otherwise unfair under the circumstances of the particular case to apply collateral estoppel. Tofany v. NBS Imaging Systems, Inc., 616 N.E.2d 1034, 1037-38 (1993). To make this determination, our courts consider the party’s incentive and ability to litigate the prior action, including the interest at stake for the party in the previous proceeding and how the party perceived this interest. Id. at 1038.

To support its position that McKinney is collaterally estopped from challenging her admissions in the CHINS petition, the OFC cites Adams v. Marion County Office of Family and Children, 659 N.E.2d 202 (Ind.Ct.App.1995). In Adams, this court held that collateral estoppel applied to prevent a father from arguing, during a termination hearing, that he had not sexually abused his daughter where he had previously contested the sexual abuse allegations in an earlier CHINS proceeding. Id. at 206. In reaching our decision, we relied on the fact that the traditional elements of collateral estoppel— identity of issues, identity of parties and finality of judgment — had been met. Id. at 205-06. However, in light of the test enunci[1138]*1138ated in Tofany,

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675 N.E.2d 1134, 1997 Ind. App. LEXIS 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckinney-v-greene-county-office-of-family-children-indctapp-1997.