Robinson v. Madison County Department of Public Welfare

538 N.E.2d 1385, 1989 Ind. LEXIS 150, 1989 WL 56984
CourtIndiana Supreme Court
DecidedMay 23, 1989
Docket48S02-8905-JV-415
StatusPublished
Cited by18 cases

This text of 538 N.E.2d 1385 (Robinson v. Madison County Department of Public Welfare) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robinson v. Madison County Department of Public Welfare, 538 N.E.2d 1385, 1989 Ind. LEXIS 150, 1989 WL 56984 (Ind. 1989).

Opinions

PIVARNIK, Judge.

This cause comes to us on a petition to transfer from the Second District Court of Appeals. Nelson Eddie Robinson appealed a judgment terminating his parental rights in his three children, Monica Sue, born May 15, 1971, Catina Marie, born November 2, 1972, and Amber Lynn, born December 1, 1974. The action was brought before the Juvenile Court of Madison County, by the Madison County Department of Public Welfare petitioning to terminate the parental rights of Nelson Eddie Robinson. The action was filed on November 13, 1985, the initial hearing was held on January 9, 1986, and the fact-finding hearings were held on November 19 and 25, 1986, when the evi-denee was concluded and the matter taken under advisement. On January 18, 1987, the court entered its decree terminating the father's parental rights.

In a termination of parent-child relationship involving either a delinquent child or a child in need of services, the welfare department must allege and prove four essential elements: one, the child has been removed from the parent for at least six months under a dispositional decree; two, there is a reasonable probability that the conditions which resulted in the child's removal will not be remedied; three, termination is in the best interests of the child; [1386]*1386and four, the county department has a satisfactory plan for the care and treatment of the child. Ind.Code § 81-6-5-4(c) Petitioner Robinson claimed before the court of appeals and on transfer to this Court that at the time the trial court entered the termination judgment there was insufficient showing the children had been removed from the custody of the parent for at least six months under a dispositional order or decree. The court of appeals looked to the judgment of the dispositional hearing in the child in need of services (CHINS) case held on July 26, 1983, and held that the judgment did not sufficiently show removal of custody from Petitioner Robinson. We disagree, and accordingly grant transfer and vacate the opinion of the court of appeals. We also decide a second issue raised by Robinson concerning whether the judgment of the trial court was erroneous because the evidence failed to establish a reasonable probability that the conditions resulting in the removal of his children would not be remedied.

The Welfare Department correctly points out the well-established rule that to ascertain the meaning or effect of the disposi-tional decree it is necessary to consider the whole record. Town of Flora v. Indiana Service Corporation (1944), 222 Ind. 253, 258, 53 N.E.2d 161, 163; State ex rel. Booth v. Beck Jewelry Enterprises, Inc. (1942), 220 Ind. 276, 279, 41 N.E.2d 622, 623; Indiana & Michigan Electric Co. v. Harlan (1987), Ind.App., 504 N.E.2d 301, 308. That is certainly true here when we consider the very nature of proceedings involving the care, attention, and protection of neglected, abused, and dependent children, or "children in need of services" (CHINS, Ind.Code § 31-6-4-18.5). The intervention of the juvenile court and all of the allied agencies of the county such as the prosecuting attorney, the probation office in the case of juveniles, and the welfare department in the case of children in need of services, ordinarily begins as an emergency situation requiring immediate action and continues for varying lengths of time depending upon the facts of the situation requiring care, protection, attempts at rehabilitation of the child or children, and/or the parents and the entire home environment. Here, we are concerned with children in need of services, and not juvenile delinquency. During these proceedings many steps need to be taken and decisions made to resolve the plight of these children. The desired result would be to resolve the problems in the home which led to the children's distress and return them there. If this cannot be done, the alternative which serves the best interests of the child or children is terminating parental rights and placing the children where they will receive proper care and protection. Title 31 of our Indiana Code sets out a statutory scheme for the manner in which a juvenile court will operate in these types of cases. We are particularly concerned here with Title 31, Art. 6, Ch. 4.

The Madison County Welfare Department had some involvement with the Robinson children for eleven years, beginning in or about 1976. They had been removed from the Robinson home in the late 1970's and returned. They were again removed in 1981 when a CHINS action was filed pursuant to Ind.Code § 31-6-4-18.5. The necessity for the action was that the children's mother was neglecting the children and the father, Petitioner Nelson Eddie Robinson, was charged with physically abusing them. He was criminally charged in 1982 with the physical abuse of Monica and Catina. The causes filed were Class D felonies. The children were removed from their father on October 16, 1981, and have never been in his custody since that time. Robinson subsequently was convicted in both of the abuse cases and served time in prison from September 7, 1982, to May 21, 1983. The juvenile court held a fact-finding hearing in the CHINS action and entered a CHINS order in July of 1982. The mother attended these hearings but Petitioner Robinson did not. The testimony revealed that Robinson was changing his residence from time to time and the Welfare Department was unable to locate him. Further, of course, he was in prison until 1983 and therefore unable to contribute in any way to the care of his children. In the CHINS Order of 1982, the court made the children wards of [1387]*1387the Welfare Department and in furtherance of its responsibility, the Welfare Department placed the children in foster care. The court also ordered a program of participation for the parents in the care, treatment or rehabilitation of the children pursuant to Ind.Code §§ 31-6-4-15.8, 81-6-4-17 to 31-6-4-19. The court was unable to hold a dispositional hearing with regard to Petitioner Robinson pursuant to sections 17 through 19 because it was impossible to make any disposition as to him due to his incarceration. In the meantime, the participation program proceeded with the mother and the foster care of the children continued under the direction and wardship of the Welfare Department.

The first opportunity for a dispositional hearing with regard to Petitioner Robinson was on July 26, 1983. Although the terminology "dispositional decree or hearing" as used throughout these statutes connotes a final disposition of the cause, this is not the nature of the hearing and ultimate order or decree. This is one of many steps in the continuing procedural scheme for the care and protection of the children with the ultimate result of either returning them to their home or terminating the parental rights. The dispositional hearing contemplated in sections 17 through 19 is for the purpose of setting a program to be pursued that will ultimately result in a final disposition of the cause.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

T.Q. v. Indiana Department of Child Services
996 N.E.2d 385 (Indiana Court of Appeals, 2013)
In Re DD
962 N.E.2d 70 (Indiana Court of Appeals, 2011)
E.J. v. Indiana Department of Child Services
962 N.E.2d 70 (Indiana Court of Appeals, 2011)
Doe v. Daviess County Division of Children & Family Services
669 N.E.2d 192 (Indiana Court of Appeals, 1996)
Stone v. Daviess County Division of Children & Family Services
656 N.E.2d 824 (Indiana Court of Appeals, 1995)
Stone v. DAVIESS CTY. DIV. CHILD SERV.
656 N.E.2d 824 (Indiana Court of Appeals, 1995)
Draper v. Tippecanoe County Department of Public Welfare
614 N.E.2d 591 (Indiana Court of Appeals, 1993)
Matter of DS
577 N.E.2d 572 (Indiana Supreme Court, 1991)
B.R.F. v. Allen County Department of Public Welfare
570 N.E.2d 1350 (Indiana Court of Appeals, 1991)
Birchfield v. Bartholomew County Department of Public Welfare
561 N.E.2d 844 (Indiana Court of Appeals, 1990)
Matter of DB
561 N.E.2d 844 (Indiana Court of Appeals, 1990)
Robinson v. Madison County Department of Public Welfare
538 N.E.2d 1385 (Indiana Supreme Court, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
538 N.E.2d 1385, 1989 Ind. LEXIS 150, 1989 WL 56984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-madison-county-department-of-public-welfare-ind-1989.