Term. of the Parent-Child Rel. of: S.S., J.S., and C.S. (Minor Children) and, T.S. (Mother) v. The Indiana Dept. of Child Services

990 N.E.2d 978, 2013 WL 3230291, 2013 Ind. App. LEXIS 309
CourtIndiana Court of Appeals
DecidedJune 27, 2013
Docket09A02-1211-JT-936
StatusPublished

This text of 990 N.E.2d 978 (Term. of the Parent-Child Rel. of: S.S., J.S., and C.S. (Minor Children) and, T.S. (Mother) v. The Indiana Dept. of Child Services) 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
Term. of the Parent-Child Rel. of: S.S., J.S., and C.S. (Minor Children) and, T.S. (Mother) v. The Indiana Dept. of Child Services, 990 N.E.2d 978, 2013 WL 3230291, 2013 Ind. App. LEXIS 309 (Ind. Ct. App. 2013).

Opinion

OPINION

BAKER, Judge.

In this case, appellant-respondent T.S. (Mother) argues that she was denied due process when the juvenile court terminated her parental rights to three of her children after denying her motion for a continuance. More particularly, Mother contends that she should have been permitted additional time to be present at the termination hearing because she resides in Florida.

Child protective services from three different states have been involved with Mother and her three children, C.S., S.S., and J.S. (collectively, “the Children”) at some point over approximately the past *980 three years; however, it was the appellee-petitioner Indiana Department of Child Services (DCS) that filed a petition alleging the Children to be Children in Need of Services (CHINS) and eventually filing a petition for the termination of the parent-child relationship between Mother and the Children.

After the Children had been removed from Mother’s care, but before the termination hearing, Mother moved to Florida where she was expecting her fourth child. The DCS and Mother’s attorney communicated with Mother, and she was aware of the date of the termination hearing. Nevertheless, on that day, Mother’s attorney filed a motion for a continuance based on Mother’s absence. The juvenile court denied the motion.

Although Mother’s interest in the care and custody of her children is significant, the State’s interest in protecting these children is also very significant in light of Mother’s inability to protect herself from domestic abuse and to properly attend to the Children’s medical and mental needs. When this is balanced against the low risk of error because Mother was represented by counsel, voluntarily left Indiana, and was aware of the termination hearing, we conclude that she was not denied due process when the juvenile court denied her motion to continue. Accordingly, we affirm.

FACTS

Mother began dating S.S. (Father), when she was fifteen years old and became pregnant with their first child when she was seventeen. The couple had three children who are the subject of these proceedings: C.S. was born on February 7, 2007; S.S. was born on November 26, 2009; and, J.S. was born on October 22, 2010.

In 2010, Florida Child Protective Services (CPS) intervened after Father physically assaulted Mother while she was pregnant with J.S. Father was arrested for aggravated battery on Mother and was sentenced to thirteen months imprisonment. A No Contact Order was issued, but Mother brought J.S. to visit Father twice after his birth. Upon Father’s release in 2011, he was deported to Mexico and is not a party to these proceedings.

At some point in 2011, the family moved to Kentucky. Apparently, Mother and the Children experienced difficulties while residing there because Kentucky CPS intervened. Specifically, an investigation had been ongoing since May 2011. The family had been evicted, was homeless, and Mother was “low functioning.” Appellee’s App. p. 63.

On July 8, 2011, Kentucky CPS requested that the DCS conduct a courtesy interview because Mother was residing in Cass County. On July 15 and 18, 2011, the DCS received a report that J.S. had been diagnosed with failure to thrive, was scheduled to have a G-tube installed, and there were concerns regarding Mother’s ability to care for J.S.

During the DCS interview, Mother and R.H. (Boyfriend), who was also Mother’s first cousin, exhibited problems. Additionally, C.S. became aggressive and would bite S.S. on the face, causing significant bruising. S.S. also had untreated ringworm. The assessment further revealed that:

• Mother believed that C.S. had only a few days left of her seizure medication; however, Mother had been overmedicating C.S., and there was no prescription for a refill when the medication ran out.
• C.S. was nonverbal, and Mother failed to follow up on concerns that the child had autism.
*981 • C.S. received stitches after hitting her head on a table at the hospital.
• Mother left C.S. restrained in a stroller for long periods of time because she was active and would get into things.
• Mother arrived at the hospital with C.S. and S.S. but did not bring any clothing for them.
• Mother refused to discipline the children because as a child, Mother had been removed from her mother’s care because of physical abuse.
• Boyfriend did not feel that the children were safe with Mother.
• Mother left eight-month-old J.S. alone at Riley Children’s Hospital (Riley) for several days before she arrived.
• Mother was unable to pass G-tube training, unable to feed J.S., and J.S. failed to gain weight under her care.
• Mother was not sure where she would live in the near future and was not even certain she would stay in Indiana, which was a concern for Riley because medical personnel had to mail J.S.’s medication.
• Mother was pregnant with Boyfriend’s child and was not receiving prenatal care.

Appellee’s App. p. 63-64.

The DCS removed the children, and on July 21, 2011, the DCS requested and received permission to file a petition alleging that C.S., S.S., and J.S. were CHINS. On October 19, 2011, a fact-finding hearing was held on the CHINS petition, and the juvenile court determined that the Children were CHINS after Mother admitted that her housing was unstable, J.S. was diagnosed with failure to thrive, C.S. was diagnosed with autism, Mother needed assistance obtaining medical care for the Children, and intervention was necessary for the Children to receive the needed services. Appellee’s App. p. 41^43.

On December 1, 2011, the juvenile court entered its dispositional order ordering Mother, among other things, to:

• Contact the DCS weekly;
• Notify the DCS of any change in address, household composition, telephone number, employment, arrest, or criminal charges;
• Enroll and participate in any recommended services without delay or missed appointments;
• Maintain safe, stable housing;
• Secure and maintain legal income;
• Assist in the formulation qf a protection plan;
• See that the children are properly clothed, fed, and supervised;
• Participate in home-based services to address issues of housing, budgeting, parenting, and sobriety;
• Complete a parenting assessment and follow all recommendations;
• Meet all medical, mental health, and dental needs of the children, including attending all appointments, following directions, and giving medications;
• Refrain from domestic violence and report it if it occurs;

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Bluebook (online)
990 N.E.2d 978, 2013 WL 3230291, 2013 Ind. App. LEXIS 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/term-of-the-parent-child-rel-of-ss-js-and-cs-minor-children-indctapp-2013.