Termination of Parent-Child Relationship of N.G. v. Indiana Department of Child Services

45 N.E.3d 379, 2015 Ind. App. LEXIS 655
CourtIndiana Court of Appeals
DecidedSeptember 29, 2015
DocketNo. 02A04-1412-JT-605
StatusPublished
Cited by1 cases

This text of 45 N.E.3d 379 (Termination of Parent-Child Relationship of N.G. v. Indiana Department 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
Termination of Parent-Child Relationship of N.G. v. Indiana Department of Child Services, 45 N.E.3d 379, 2015 Ind. App. LEXIS 655 (Ind. Ct. App. 2015).

Opinions

BAKER, Judge.

[1] A.C. (Mother) appeals the judgment of the trial court terminating her parental rights as to her children N.G., L.C., and M.C. We reverse the trial court’s judgment insofar as it relates to L.C. and M.C. as we find insufficient evidence to support it. However, we find that the trial court’s judgment as to N.G. is supported by sufficient evidence and we affirm that portion of the judgment.

Facts

[2] Mother and J.G. (Father) have one son, N.G., born in 2003, and twin daughters, L.C. and M.C., born in 2006. At the time the trial court issued its judgment in this case, N.G. was eleven years old and L.C; and M.C. were eight years old. Mother has an older child', G.C., who is not involved in this case.

[3] In 2011, Mother and Father were no longer married and were not living together. One day, while at the park with her children, Mother met D.H, (Boyfriend), who soon began living in Mother’s home. Their relationship quickly took a turn for the worse when, less than six weeks later, police had to remove Boyfriend from the home because he had threatened to kill Mother. Police were called again a few weeks later to remove Boyfriend a second time. This time, there were concerns that Boyfriend had a gun.

[4] On August 25, 2011, the Indiana Department of Child Services (DCS) filed a petition alleging all four of Mother’s children to be children in need of services (CHINS). The trial court' held a hearing on August 30, 2011. It found that, while in Mother’s care, N.G. had been struck with a belt that had metal prongs on it and had sustained cuts and bruising.. The. trial court took note of the fact that Mother blamed Boyfriend for the incident. However, it also noted that N.G. alleged that Mother had hit him with the belt as well as a wooden board. The trial court noted that, although Mother claimed to have ceased contact with Boyfriend, she admitted that he was waiting outside the courthouse that morning. The trial court found that this was not the first instance of Mother physically abusing N.G., as DCS had substantiated a previous claim in 2009.

[5] Turning to Mother’s mental health, the trial court found that she had been diagnosed with bipolar disorder and had been prescribed medication, which she had not been taking. It also expressed concern that Mother may be a hypochondriac, citing the fact that all of her children were on multiple types of medication. In light [382]*382of this, the trial court ordered N.G., L.C., and M.C. placed in the custody of their Father, who was at this point living with his new wife, K.G. (Stepmother). G.C. had previously been placed in foster care and the trial court ordered that this placement be continued.1 The trial court ordered that any visitation between Mother and the children be supervised by DCS or an approved third party.

[6] On September 27, 201Í, the trial court adjudicated the children as CHINS. The trial court held a dispositional hearing and found that Mother could benefit from services that she would be unlikely to receive without the coercive intervention of the court. The trial court devised a parent participation plan and, among other things, ordered Mother to:

¶ Enroll in Whitington home-based services program ... participate in all . sessions and successfully complete the program.
¶ Enroll in individual counseling at Park Center ... to include anger management, attend all sessions, and successfully complete the counseling program.
¶ Take all medications as prescribed.
¶ Obtain a psychiatric evaluation at Park Center ... and follow the recommendations.
¶ Obtain a psychological evaluation at Park Center ... and follow the recommendations.
¶ Refrain from physical discipline of your children at all times.
¶ Attend and appropriately participate in all visits with your children as directed.

State’s Ex. 9 p. 3.

[7] On April 30, 2012, Mother completed a psychological and parenting evaluation with Dr. David Lombard at the Center for Applied Behavioral Studies in Fort Wayne. Regarding Mother’s mental health, Dr. Lombard concluded:

[I]t is this psychologist’s clinical opinion that [Mother] was displaying a symptom pattern consistent with the diagnoses of generalized anxiety disorder, bipolar" disorder, victim of physical and sexual abuse, and impaired parent-child relationship. [Mother] reported that she had recently received the diagnosis of post-traumatic stress disorder. However, the current clinical interview and psychological testing does not support that diagnosis at this time.
It is recommended that she receive a combination of medication management and mental health counseling. She reported prior medication management for her bipolar disorder symptoms. It is recommended that she work with a psychiatrist to obtain proper medication for her bipolar disorder symptoms and her generalized anxiety disorder. It is this psychologist’s clinical opinion that her history of being the victim of physical and sexual abuse has significantly affected her sense of safety and increased her paranoia. Proper medication will significantly reduce her generalized anxiety disorder symptoms while improving her depression and other mood disorder symptoms related to her bipolar disorder. Without proper medication, it is unlikely that she will be able to maintain a sense of stability in her personal, work, or social life.
It is recommended that [Mother] receive weekly mental health counseling sessions. It is recommended that she receive cognitive behavioral therapy to ad[383]*383dress her bipolar disorder symptom and her general anxiety disorder symptoms. Cognitive behavioral therapy has proven most effective in treating these conditions. It is also recommended that her individual mental health counselor address her history of physical and sexual abuse.
[Mother] reported significant difficulties parenting one of her children. She found [N.G.] to be particularly challenging and caused her significant parenting stress. Therefore, it is recommended that she receive individual' parenting skills training to improve her interactions and perception of the child. It is also recommended that the two of them have family counseling sessions. Until she reduces her parenting stress regarding [N.G.], she will remain at high risk for inappropriate parenting with him.

State’s Ex. 41 p. 7.

[8] Mother began receiving home-based services in September 2011. ■ Katie Reichert from' Whitington began visiting Mother’s home to help her work on budgeting and parenting. However, in March 2012, Reichert determined that Mother was not using the information given to her and, accordingly, “she was discharged for not benefitting from the services.” Tr. p. 1006. DCS and "Whitington made another attempt at providing Mother with home-based services, this time sending Stacy Dickerson. Dickerson began meeting with Mother in August 2013 and the two worked on Mother’s parenting skills. Mother fully participated in the services and successfully completed Dickerson’s course in December 2013. Dickerson testified that she had no difficulty scheduling sessions with Mother and that she had observed Mother’s home in a clean and safe condition. Id. at 365-66.

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Bluebook (online)
45 N.E.3d 379, 2015 Ind. App. LEXIS 655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/termination-of-parent-child-relationship-of-ng-v-indiana-department-of-indctapp-2015.