IN THE
Court of Appeals of Indiana In re the Involuntary Termination of the Parent-Child Relationship of: T.S. (Minor Child) FILED and Aug 01 2025, 9:04 am
CLERK J.V. (Mother), Indiana Supreme Court Court of Appeals and Tax Court
Appellant-Respondent
v.
Indiana Department of Child Services, Appellee-Petitioner
August 1, 2025 Court of Appeals Case No. 25A-JT-137 Appeal from the Hancock Circuit Court The Honorable Cody B. Coombs, Magistrate Trial Court Cause No. 30C01-2403-JT-000086
Opinion by Judge Felix
Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 1 of 22 Judges Vaidik and Tavitas concur.
Felix, Judge.
Statement of the Case [1] T.S. (“Child”) is the biological child of J.V. (“Mother”) and C.S. (“Father”). 1
After two child in need of services (“CHINS”) adjudications and nearly six
years of Mother making insufficient progress toward dispositional goals,
Mother’s parental rights to Child were terminated. Mother now appeals that
termination and presents three issues for our review:
1. Whether the trial court violated Mother’s due process rights; 2. Whether the trial court’s decision to terminate Mother’s parental rights was clearly erroneous; and 3. Whether Mother’s trial counsel was ineffective.
[2] We affirm.
Facts and Procedural History [3] Child was born on August 6, 2010. In 2016, Child was alleged to be and
adjudicated a CHINS due to Mother’s incarceration. 2 By late August 2017,
Child and Mother were reunified.
1 Father does not participate in this appeal. 2 The trial court in this case took judicial notice of the 2016 CHINS case.
Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 2 of 22 [4] In August 2018, DCS again removed Child from Mother’s care and filed a
petition alleging Child was a CHINS, this time because of Mother’s drug use
and Mother’s neglect of Child’s needs and education. In the ensuing
dispositional order, Mother was ordered in relevant part to (1) maintain contact
with DCS; (2) allow DCS or other service providers to make announced or
unannounced visits to her home and permit entrance thereto; (3) maintain
suitable, safe, and stable housing, including maintaining functional utilities and
keeping the home sanitary, clean, free from clutter, and safe for Child; (4)
secure and maintain stable income; (5) refrain from using and consuming illegal
substances and alcohol; (6) submit to random drug screens; (7) complete a
substance abuse assessment and successfully complete all recommendations
stemming therefrom; and (8) complete a psychological evaluation assessment
and successfully complete all recommendations stemming therefrom.
[5] By August 2020, Mother had—at best—only partially complied with the
dispositional order.
Mother has had inconsistent communication with DCS and been noncompliant with drug screens. She was closed out of substance abuse treatment and home based casework unsuccessfully. When tested at a visitation on June 4, she tested positive for methamphetamines. She is believed to be subject to an arrest warrant for violation of her probation.
Tr. Vol. III at 83. Consequently, Child’s permanency plan was changed to
reunification with a concurrent plan of adoption.
Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 3 of 22 [6] Mother’s pattern of minimally complying with the dispositional order
continued for another three-and-a-half years. In particular, for more than a
year, Mother failed to successfully complete substance abuse treatment,
continued to test positive for illegal substances, and did not consistently engage
in drug screens. Mother did eventually achieve sobriety. However, Mother still
maintained only “minimal” contact with DCS, Tr. Vol. III at 86, 129; refused
to participate in mental health services; participated in “approximately 75% of
her visitation [with Child], cancelling on average once a month,” after she was
released from jail, id. at 97; “refused to make herself available” for a home
inspection, id. at 98; failed to provide DCS an “accurate address,” id. at 129;
and failed to maintain suitable housing, with her Hancock County home not
having electricity and being set for tax sale at one point. Additionally, in June
2022, the Hancock County Board of Health filed a complaint for a permanent
injunction against Mother to bring her property into compliance with Hancock
County’s sanitation maintenance ordinance. 3 The case was resolved within two
months.
[7] On March 6, 2024, DCS filed a petition to terminate Mother’s parental rights to
Child. The trial court held the factfinding hearing on DCS’s termination
petition on four separate days: May 29, August 21, September 25, and October
2, 2024. At the end of the hearing on October 2, the trial court took the matter
3 The trial court in this case took judicial notice of the 2022 sanitation case.
Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 4 of 22 under advisement. On February 14, 2025, the trial court issued its order
terminating Mother’s parental rights to Child. This appeal ensued. 4
Discussion and Decision 1. The Trial Court Did Not Violate Mother’s Due Process Rights
[8] Mother contends the trial court violated her due process rights by not issuing its
termination order until 135 days after the final day of the factfinding hearing.
Mother’s fundamental (but not absolute) right to raise Child is protected by the
Fourteenth Amendment to the United States Constitution. See In re I.P., 5
N.E.3d 750, 751–52 (Ind. 2014) (citing Bester v. Lake Cnty. Off. Fam. & Child.,
839 N.E.2d 143, 147 (Ind. 2005)). “[W]hen the State seeks to terminate the
parent-child relationship, it must do so in a manner that meets due process
requirements.” Id. (citing In re C.G., 954 N.E.2d 910, 917 (Ind. 2011)).
Appellate courts balance three factors to determine the process due in a
termination case: “(1) the private interests affected by the proceeding; (2) the
risk of error created by the State’s chosen procedure; and (3) the countervailing
governmental interest supporting use of the challenged procedure.” Id. (citing
C.G., 954 N.E.2d at 917).
[9] “Both a parent’s interest in the care, custody, and control of a child, and the
State’s parens patriae interest in protecting a child’s welfare are substantial.”
4 Mother actually filed a notice of appeal before the trial court entered the termination order, but once that order was issued, Mother amended her notice of appeal.
Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 5 of 22 I.P., 5 N.E.3d at 752 (emphasis in original) (citing C.G., 954 N.E.2d at 917).
At issue here is whether the trial court’s delay in issuing the termination order
created a risk of error such that a due process violation occurred.
[10] First, Mother argues that the trial court’s delay in issuing the termination order
violated her due process rights because termination of parental rights cases
should “proceed expeditiously,” as demonstrated by the deadlines imposed by
Indiana Code section 31-35-2-6 and the priority given to termination of parental
rights cases under Indiana Appellate Rule 21(A). Appellant’s Br. at 18. Mother
recognizes that Indiana law “does not have a time limit on how long a court
may take termination under advisement,” but nevertheless points to Indiana
Trial Rule 53.2 to say that the trial court should have issued its termination
decision within 90 days. Id. at 19. Trial Rule 53.2 provides in relevant part that
when a trial court takes a matter under advisement and fails to “determine any
issue of law or fact within ninety (90) days, the submission of the pending issues
and the cause may be withdrawn from the trial judge and transferred to the
Supreme Court for the appointment of a special judge. Ind. Trial Rule 53.2(A)
(emphasis added). Trial Rule 53.1 sets out the specific procedure a party must
follow to have a cause withdrawn from a trial judge. Id. 53.1(E); see id. 53.2(E)
(“The procedure for withdrawing submission and processing the appointment
of a special judge shall be as set forth in Trial Rule 53.1(E).”). Notably, the
party who seeks relief pursuant to Trial Rule 53.2(A) must file a praecipe
specifically designating the motion or decision delayed. Id. 53.1(E). It is
undisputed that Mother did not file the requisite praecipe here.
Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 6 of 22 [11] Second, Mother argues that a delay in issuing a termination order results in the
evidence no longer being “fresh on the trial judge’s mind” and “stalls a parent’s
right to a [sic] appeal termination of parental rights.” 5 Appellant’s Br. at 19. In
her reply brief, Mother elaborates on the first argument, asserting that “the risk
of error created by the delay is that termination decision could be incorrect.”
Appellant’s Reply Br. at 6. Again, Mother could have availed herself of Trial
Rule 53.2 if she believed the trial court’s decision could be incorrect due to
delay; she did not, so she cannot now complain about an issue she failed to
raise to the trial court. As to her second argument regarding her appeal rights,
Mother does not claim that her right to appeal the trial court’s termination
order was stalled; in fact, Mother filed a notice of appeal before the trial court
issued its termination order and then amended that notice shortly after the trial
court entered its order.
[12] A judge who issues a decision beyond the time limits set forth in Trial Rule 53.2
risks being removed from the case and causing the entire matter to be retried;
therefore, these time limits should be observed. But Mother failed to avail
herself of Trial Rule 53.2 and has failed to demonstrate on appeal that the risk
5 Mother also argues that “the delay caused by holding the case under advisement prejudice [sic] [Mother]’s relationship with [Child] and [Child]’s interest in permanency,” Appellant’s Br. at 19, but she does not elaborate on this statement or otherwise identify any specific prejudice she suffered. In fact, in her reply brief, Mother concedes that “[t]he risk of error created by this delay was not that Mother would see the child more or less while the termination was pending. Rather, the risk of error created by the delay is that termination decision could be incorrect.” Appellant’s Reply Br. at 6.
Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 7 of 22 of error created by the trial court’s delay outweighs DCS’s interest in protecting
Child.
[13] Based on the foregoing, we cannot say there was a due process violation
because Mother raised the issue for the first time on appeal and because she
could have sought but failed to seek trial-level relief from any such violation.
Here, the underlying CHINS case lasted six years, the termination factfinding
hearing took four months to complete, and the trial court issued its termination
decision 45 days beyond the recommended timeline 6 to decide the issue. The
trial court’s 45-day delay in issuing its termination decision did not violate
Mother’s due process rights.
2. The Trial Court’s Decision to Terminate Mother’s Parental Rights to Child Was Not Clearly Erroneous
[14] Mother challenges the trial court’s termination of her parental rights over Child.
“Parents have a fundamental right to raise their children—but this right is not
absolute. When parents are unwilling to meet their parental responsibilities,
their parental rights may be terminated.” In re Ma.H., 134 N.E.3d 41, 45–46
(Ind. 2019) (internal citations omitted) (citing In re K.T.K., 989 N.E.2d 1225,
1230 (Ind. 2013)), cert. denied.
6 Additionally, the trial judge could (should) have applied for an extension of time to decide the case under Trial Rule 53.1(D). We note that a recent proposed change to TR 53.1(D) (proposed June 2025) would have allowed the judge to grant himself additional time to decide the matter.
Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 8 of 22 [15] To terminate Mother’s parental rights, DCS had to prove by clear and
convincing evidence, that, among other things, there is a reasonable probability
that the conditions that resulted in Child’s removal or the reasons for placement
outside Mother’s home will not be remedied, there is a reasonable probability
that the continuation of Mother’s relationship with Child poses a threat to the
well-being of Child, or Child has, on two separate occasions, been adjudicated a
child in need of services; termination is in the best interests of Child; and there
is a satisfactory plan for the care and treatment of Child. See Ind. Code § 31-35-
2-4(b)(2) (effective July 1, 2019, to March 10, 2024); id. § 31-37-14-2.
[16] We will affirm a trial court’s termination of parental rights unless that decision
is clearly erroneous. Ma.H., 134 N.E.3d at 45 (citing In re E.M., 4 N.E.3d 636,
642 (Ind. 2014)). A trial court’s termination decision is clearly erroneous if the
court’s findings of fact do not support its legal conclusions or if the legal
conclusions do not support its ultimate decision. Id. (citing E.M., 4 N.E.3d at
642). We will not reweigh the evidence or judge witness credibility, and we
consider only the evidence and reasonable inferences that support the court’s
decision. Id. (citing In re K.E., 39 N.E.3d 641, 646 (Ind. 2015)).
[17] Furthermore, we accept as true any findings that Mother does not challenge on
appeal. See R.M. v. Ind. Dep’t of Child Servs., 203 N.E.3d 559, 564 (Ind. Ct. App.
2023) (citing Madlem v. Arko, 592 N.E.2d 686, 687 (Ind. 1992)), trans. not sought.
Here, Mother does not challenge the following relevant findings:
45. . . . Mother has not shown an ability to adequately care for the child despite the case being open for over 6 years. Mother’s Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 9 of 22 visits have never progressed past pop-in level supervision and Mother’s home is currently uninhabitable per Court injunction. Based on Mother’s current situation it is not apparent she can care for the child’s high-level of needs.
46. . . . Mother denies neglecting the child in the CHINS case thus showing her unwillingness to address the issues affecting her parenting.
47. . . . Mother knew of the Department[’]s concerns and waited until the day before the final termination hearing to address the concerns of the exterior of the home. Mother did not maintain communication with the Department and failed to follow the dispositional decree.
***
49. . . . Mother has demonstrated an inability to parent the child when she routinely missed visitation and has failed to demonstrate her understanding of the child’s developmental issues and how they relate to concerns of home conditions. Mother’s actions during the life the case do not demonstrate her ability to satisfy the child’s need for routine and consistency which would lead to regression and unsafe behaviors. The child is also a danger to himself if left alone with dangerous items. In pictures presented by the Department[,] Mother had knives and machetes setting in her lawn unsecured. The condition of the interior of the home is additionally concerning[,] especially since Mother has not allowed anyone from the Department into the home for some time. Mother’s testimony was disjointed, unclear, and flippant at times. Her testimony elicited concerns for her underlying mental health and concerns for her ability to recognize the reasons for continued DCS involvement.
Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 10 of 22 50. . . . Mother has not demonstrated stability in her life or the child’s life. Mother reported she had been working on her home since 2022 but, as of the termination proceeding, the home is currently uninhabitable per court order. Mother does not have stable employment, phone service, or transportation. In the 6 years since the case has been open[,] Mother has only had one suitable residence for the child for approximately 3 months but decided to leave under her own volition and return to her current home.
51. . . . The child has been in DCS care for over 6 years. In that time frame Mother has been unable to demonstrate any stability to the court that would indicate her ability to safely care for the child. The child is in a relative placement that is able and willing to adopt the child.
Appellant’s App. Vol. II at 21–22.
[18] Mother contends the trial court clearly erred by concluding that there was not a
reasonable probability that she would remediate the reasons for Child’s removal
or placement outside her care, the continuation of the parent-child relationship
poses a threat to Child’s well-being, termination of Mother’s parental rights is in
Child’s best interests, and there is a satisfactory plan for Child’s care. We
address each contention in turn.
Remediation of Reasons for Removal or Placement
[19] Mother first challenges the trial court’s conclusion that there is a reasonable
probability that the conditions resulting in Child’s removal or the reasons for
placement outside Mother’s home will not be remedied. In reviewing the trial
court’s findings regarding whether Mother has or will remedy the conditions
Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 11 of 22 resulting in Child’s removal from Mother or the reasons the Child was placed
outside Mother’s home, we first “identify the conditions that led to removal”
and then “determine whether there is a reasonable probability that those
conditions will not be remedied.” In re J.S., 133 N.E.3d 707, 715 (Ind. Ct. App.
2019) (citing E.M., 4 N.E.3d at 643).
In the second step, the trial court must judge parental fitness as of the time of the termination hearing, taking into consideration the evidence of changed conditions. The trial court is entrusted with balancing a parent’s recent improvements against habitual patterns of conduct. The trial court has discretion to weigh a parent’s prior history more heavily than efforts made only shortly before termination. Requiring trial courts to give due regard to changed conditions does not preclude them from finding that parents’ past behavior is the best predictor of their future behavior.
J.S., 133 N.E.3d at 715 (internal quotation marks and citations omitted)
(quoting and citing E.M., 4 N.E.3d at 643). Additionally, we do “not simply
focus on the initial basis for a child’s removal for purposes of determining
whether a parent’s rights should be terminated, ‘but also those bases resulting in
the continued placement outside the home.’” In re N.Q., 996 N.E.2d 385, 392
(Ind. Ct. App. 2013) (quoting In re A.I., 825 N.E.2d 798, 806 (Ind. Ct. App.
2005), trans. denied).
[20] Child was removed from Mother’s care in 2018 because Mother was abusing
illegal substances and she was neglecting Child’s needs and education. Mother
argues that she “had successfully address[ed] her substance abuse problem,”
Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 12 of 22 Appellant’s Br. at 22, and DCS concedes that Mother “had achieved sobriety,”
Appellee’s Br. at 18. Mother also argues that she had “made significant
progress towards having suitable housing and was on the cusp of being able to
return to her home at the last fact-finding hearing.” Appellant’s Br. at 23. This
argument is merely an invitation for us to reweigh the evidence and reassess
witness credibility, which we cannot do. See Ma.H., 134 N.E.3d at 45 (citing
E.M., 4 N.E.3d at 642). Mother testified at the October 2 factfinding hearing
that the Hancock County Board of Health had obtained an injunction against
her that prevented her from living in her home. Mother stated that she would
be able to return to the home once she “cleaned up” her yard and had the
electricity turned on. Tr. Vol. II at 126. Mother also testified that she did not
have running water as of the October 2 hearing. Moreover, the trial court’s
unchallenged findings show that Mother “waited until the day before the final
termination hearing to address the concerns of the exterior of the home,”
Appellant’s App. Vol. II at 21, and had yet to allow DCS to inspect the interior
of her home. The unchallenged findings also establish that during the six years
the underlying CHINS case was pending, “Mother has been unable to
demonstrate . . . her ability to safely care for the child.” Id. at 22. Considering
only the evidence and reasonable inferences that support the trial court’s
decision, including the unchallenged findings, we cannot say that the trial court
Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 13 of 22 clearly erred in concluding that Mother has not and likely will not remedy the
reasons for the Child’s removal or placement outside of Mother’s care. 7
Best Interests of Child
[21] Mother also challenges the trial court’s conclusion that termination of her
parental rights over Child is in Child’s best interests. To determine the best
interests of a child, a trial court looks at the totality of the evidence and
subordinates the interests of the parents to those of the child. In re P.B., 199
N.E.3d 790, 799 (Ind. Ct. App. 2022) (citing In re A.B., 887 N.E.2d 158, 167–68
(Ind. Ct. App. 2008)), reh’g denied (Jan. 25, 2023), trans. denied sub nom. A.B. v.
Ind. Dep’t of Child Servs., 209 N.E.3d 1168 (Ind. 2023). A central consideration
in this determination is the child’s need for permanency. Id. (citing In re K.T.K.,
989 N.E.2d 1225, 1235 (Ind. 2013)). The trial court also considers whether a
child’s emotional and physical development is threatened by the parent-child
relationship. Id. (citing K.T.K., 989 N.E.2d at 1235). Permanent impairment of
physical, mental, or social development is not necessary before a trial court may
terminate the parent-child relationship. Id. (citing K.T.K., 989 N.E.2d at 1235).
7 Mother also argues that the trial court erred by concluding that there was a reasonable probability that the continuation of the parent-child relationship posed a threat to Child’s well-being. See Ind. Code § 31-35-2- 4(b)(2)(B)(ii). The trial court was required to find only that one prong of Indiana Code section 31-35-2- 4(b)(2)(B) has been established. In re A.K., 924 N.E.2d 212, 220 (Ind. Ct. App. 2010), trans. dismissed. Because we agree with the trial court’s conclusion that DCS proved there was a reasonable probability that the conditions which resulted in Child’s removal from Mother’s care would not be remedied, we need not address her argument directed at the “threat” prong of Section 4(b)(2)(B). See id.
Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 14 of 22 [22] Mother argues she “maintained a consistent and positive relationship with
T.S.,” Appellant’s Br. at 25, and she “has been a permanent part of T.S.’s life
for fourteen years,” id. at 26. This is yet another request for us to reweigh the
evidence and reassess witness credibility, which we cannot do, see Ma.H., 134
N.E.3d at 45 (citing E.M., 4 N.E.3d at 642). The unchallenged findings show
that Mother is incapable of safely parenting Child: “she routinely missed
visitation”; she “failed to demonstrate her understanding of the child’s
developmental issues and how they relate to concerns of home conditions”;
Child is “a danger to himself if left alone with dangerous items,” yet Mother
had “knives and machetes” in her yard; Mother’s residence was uninhabitable;
and Mother did not have stable employment, phone service, or transportation.
Appellant’s App. Vol. II at 22. The unchallenged findings also demonstrate
that Mother’s near-complete lack of stability would result in Child regressing
and engaging in “unsafe behaviors.” Id. Considering only the evidence and
reasonable inferences that support the trial court’s decision, we cannot say that
the trial court clearly erred in concluding that termination is in Child’s best
interests, so the trial court did not clearly err in reaching this conclusion.
Satisfactory Plan
[23] Finally, Mother challenges the trial court’s conclusion that adoption is a
satisfactory plan for the care and treatment of Child. This court has previously
determined that “adoption is a ‘satisfactory plan’ for the care and treatment of a
child.” In re B.M., 913 N.E.2d 1283 (Ind. Ct. App. 2009) (citing In re A.N.J.,
690 N.E.2d 716, 722 (Ind. Ct. App. 1997)).
Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 15 of 22 [24] Mother specifically argues that “there was scarce evidence about DCS’s
proposed plan of care for T.S.” and that the plan “was speculative at best.”
Appellant’s Br. at 26. First, DCS’s plan does not need to “be detailed, so long
as it offers a general sense of the direction in which the child will be going after
the parent-child relationship is terminated.” In re C.D., 141 N.E.3d 845, 854
(Ind. Ct. App. 2020) (emphasis added) (citing In re A.S., 17 N.E.3d 994, 1007
(Ind. Ct. App. 2014), trans. denied), trans. denied. Second, to the extent Mother’s
argument assumes that the plan the trial court approved is for Child’s current
placement to adopt him, the trial court made no such finding, conclusion, or
order. Furthermore, the appropriateness of a particular adoptive placement is
within the purview of the adoption court, not the termination court. See In re
C.D., 141 N.E.3d 845, 856 (Ind. Ct. App. 2020) (citing In re A.S., 17 N.E.3d
994, 1007 (Ind. Ct. App. 2014), trans. denied), trans. denied. Considering only the
evidence and reasonable inferences that support the trial court’s decision, we
cannot say that the trial court’s conclusion that DCS has a satisfactory plan for
Child—that is, adoption—is clearly erroneous.
3. Mother’s Trial Counsel Did Not Provide Ineffective Assistance of Counsel
[25] Mother also contends that she did not receive effective assistance of counsel
during the termination proceedings. In Indiana, all parents have a statutory
right to the assistance of counsel in termination of parental rights proceedings.
I.C. §§ 31-32-4-1, 31-32-2-5. When a parent challenges her counsel’s
effectiveness during such proceedings, we focus on “whether it appears that the
Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 16 of 22 parent[] received a fundamentally fair trial whose facts demonstrate an accurate
determination.” Baker v. Marion Cnty. Off. of Fam. & Child., 810 N.E.2d 1035,
1041 (Ind. 2004). That is, we must determine “whether the lawyer’s overall
performance was so defective that [we] cannot say with confidence that the
conditions leading to the removal of the child[] from parental care are unlikely
to be remedied and that termination is in the child’s best interest.” Id. We do
not ask “whether the lawyer might have objected to this or that.” Id.
[26] Mother argues that the attorney who represented her during the termination
proceedings (“Counsel”) was ineffective because he (1) made known to the trial
court his and Mother’s prickly attorney-client relationship, (2) failed to call two
witnesses at the factfinding hearing, (3) offered but failed to have admitted into
evidence a letter from one of those two witnesses, (4) had the factfinding
hearing continued because he had not reviewed photos that Mother provided
him, and (5) did not file a Trial Rule 53.2 motion when the trial court did not
issue the termination order within 90 days of the October 2 hearing. According
to Mother, because Counsel “did not present [Mother’s] evidence and showed
the Court an acrimonious relationship with [Mother], ‘the trial court may not
have an accurate picture of the evidence.’” Appellant’s Br. at 28 (quoting In re
D.A., 869 N.E.2d 501, 511 (Ind. Ct. App. 2007)).
[27] First, at the beginning of the May 29 hearing, all parties were present except
Mother. When discussing whether they should wait for Mother, the following
exchange occurred:
Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 17 of 22 THE COURT: Do you have any objection to proceeding [Counsel]?
[DCS]: If he wants to try to wait and give her 15 minutes 20 minutes that’s fine.
[COUNSEL]: Yeah I m[e]an I hate to do it but either way it is – is just a it’s a mess to me. She doesn’t uh communicate with me uh she doesn’t particular[ly] like me. Uh but uh –
Tr. Vol. II at 13–14. Then while Counsel was cross-examining Mother about
the state of her house, the following exchange occurred:
Q [Y]ou had a series of events happen to you that kept you from getting things done that you wanted done. Can you describe to the Court what those were?
A Oh my gosh.
Q Get them straight.
A (inaudible) Uh I should have wrote that down.
Q Well let me – let me – let me just say this?
A Okay.
Q [Y]ours and my relationship is not good?
A It’s terrible yeah.
Q Yeah. You haven’t listed [sic] to a thing I’ve said have you? Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 18 of 22 A You don’t listen either.
Q I’ve heard you real well but you don’t – you don’t listen to a thing that I say. At any rate we’ve discussed this issue right?
A Yeah.
Tr. Vol. II at 146–47.
[28] The effect, if any, that these exchanges had on the trial court’s opinion of
Mother was likely infinitesimal given the six years of evidence in the CHINS
case and the evidence presented at the termination factfinding hearing. And
contrary to Mother’s assertion on appeal, there is nothing in the record to
indicate these exchanges “may have contributed to [the] trial court’s findings,
for example, that ‘[h]er testimony elicited concerns for her underlying mental
health.’” Appellant’s Br. at 27 (quoting Appellant’s App. Vol. II at 22).
[29] Second, Mother alleges that Counsel did not call “two witnesses” who she
“wanted to call” during the factfinding hearing. Appellant’s Br. at 27 (citing Tr.
Vol. II at 143–44). Mother does not expressly identify those witnesses, but
based on her supporting citation to the Transcript, they were Katrina Hagerman
and Kelly Price. Mother claims Counsel “should have, but did not, used a
subpoena to secure those witnesses’ appearance at trial.” Id. Notably, Mother
does not describe the testimony she expected Hagerman and Price to give on
her behalf, nor does she acknowledge that Hagerman actually did testify during
the factfinding hearing; in fact, when Mother cross-examined Hagerman,
Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 19 of 22 Hagerman testified that Mother had made progress in the CHINS case, Mother
and Child had a loving relationship, and Mother supervised Child well.
[30] Third, Mother asserts that Counsel was ineffective for not having “a written
letter from one witness” admitted into evidence. Appellant’s Br. at 27 (citing
Tr. Vol. II at 143–44). It is unclear which “written letter” Mother references
because Mother’s citation to the record reveals that Counsel offered two letters,
both of which were excluded from evidence as hearsay. Mother also does not
describe the contents of these letters nor how their exclusion from evidence
prevented her from receiving a fundamentally fair factfinding hearing.
[31] Fourth, Mother contends Counsel was ineffective because he did not review
photographs that she “provided him to defend her case,” resulting in the
factfinding hearing being continued. Appellant’s Br. at 27 (citing Tr. Vol. II at
99–100). At the beginning of the September 25 hearing, Mother informed the
trial court of her displeasure with Counsel’s representation:
[S]o my lawyer has not sent me has not read any of my messages or got any of [sic] pictures or looked at any of my stuff and he has not brought any of my evidence with me today. And he’s very uncom incompetent and it’s not going to help my case at all right now.
Tr. Vol. II at 99–100. After the trial court spoke with DCS and Counsel off the
record, the trial court told Mother that it would schedule another hearing so she
would “have the opportunity to present the things [she] provided to [Counsel]
okay.” Id. at 100. The trial court also explained to Mother that Counsel “may
Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 20 of 22 not agree that they’re going to be helpful,” id., but that Counsel would “look at
the photos and kind of determine whether they’re going to be helpful or not,”
id. at 101. Counsel stated on the record that “the two pictures that were sent
this morning might be helpful.” Id. at 100. Mother does not explain how the
additional hearing scheduled specifically to ensure she was able to introduce all
her evidence prevented her from receiving a fundamentally fair factfinding
hearing. Notably, the extra hearing was held on October 2, just a week later.
[32] Fifth, Mother alleges Counsel was ineffective because he did not file a Trial
Rule 53.2 motion after the trial court failed to issue an order on the termination
factfinding hearing within 90 days. While Counsel certainly could have filed
such a motion, there is no indication that not doing so in any way prejudiced
Mother or otherwise rendered the termination proceedings fundamentally
unfair. In fact, had Counsel filed a Trial Rule 53.2 motion, that could have
delayed the termination decision by much longer because the factfinding
hearing may have had to be redone in front of a new judge. Mother cannot in
one breath complain that Counsel was ineffective for delaying the end of the
factfinding hearing by one week and then in the next breath complain that
Counsel was ineffective for not delaying the ultimate termination decision by
[33] Based on the foregoing, Mother has not shown that Counsel’s overall
performance was defective. Therefore, we cannot say that Mother received a
fundamentally unfair factfinding hearing, and Mother’s contentions do not
demonstrate the trial court made an inaccurate determination.
Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 21 of 22 Conclusion [34] In sum, the trial court did not violate Mother’s due process rights by issuing the
termination order 135 days after the final part of the factfinding hearing, the
trial court did not clearly err by terminating Mother’s parental rights to Child,
and Counsel was not ineffective. We therefore affirm the trial court on all
issues raised.
[35] Affirmed.
Vaidik, J., and Tavitas, J., concur.
ATTORNEY FOR APPELLANT Kathrine D. Jack Jack Law Office LLC Greenfield, Indiana
ATTORNEYS FOR APPELLEE Theodore E. Rokita Indiana Attorney General Monika Prekopa Talbot Deputy Attorney General Indianapolis, Indiana
Court of Appeals of Indiana | Opinion 25A-JT-137 | August 1, 2025 Page 22 of 22