In the Matter of the Termination of the Parent-Child Relationship of C.J.H. (Minor Child), and B.H. (Father) v. The Indiana Department of Child Services (mem. dec.) ( 2019 )


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  • MEMORANDUM DECISION
    Pursuant to Ind. Appellate Rule 65(D),                                           FILED
    this Memorandum Decision shall not be
    Apr 30 2019, 9:43 am
    regarded as precedent or cited before any
    court except for the purpose of establishing                                  CLERK
    Indiana Supreme Court
    the defense of res judicata, collateral                                      Court of Appeals
    and Tax Court
    estoppel, or the law of the case.
    ATTORNEY FOR APPELLANT                                    ATTORNEYS FOR APPELLEE
    Cynthia Phillips Smith                                    Curtis T. Hill, Jr.
    Lafayette, Indiana                                        Attorney General of Indiana
    Frances Barrow
    Deputy Attorney General
    Indianapolis, Indiana
    IN THE
    COURT OF APPEALS OF INDIANA
    In the Matter of the Termination                          April 30, 2019
    of the Parent-Child Relationship                          Court of Appeals Case No.
    of C.J.H. (Minor Child),                                  18A-JT-2570
    and                                                       Appeal from the Tippecanoe
    Superior Court
    B.H. (Father),                                            The Honorable Faith A. Graham
    Appellant-Respondent,                                     Judge
    Trial Court Cause No.
    v.                                                79D03-1801-JT-8
    The Indiana Department of
    Child Services,
    Appellee-Petitioner.
    Tavitas, Judge.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-2570 | April 30, 2019                    Page 1 of 19
    Case Summary
    [1]   B.H. (“Father”) appeals the termination of his parental rights to C.J.H. (the
    “Child”). We affirm.
    Issues
    [2]   Father raises a single issue on appeal, which we restate as follows:
    I. Whether the trial court properly concluded that the conditions
    leading to the Child’s removal will not be remedied.
    II. Whether the trial court properly concluded that termination
    of Father’s parental rights is in the Child’s best interests.
    Facts
    [3]   Father and Ch.H. (“Mother”) are the parents of the Child, who was born in
    September 2015. 1 On August 25, 2016, the Tippecanoe County Office of the
    Department of Child Services (“DCS”) received a report that Mother and
    Father were incarcerated following an incident of domestic violence. On
    August 26, 2016, DCS removed the Child on an emergency basis due to
    allegations of abuse and/or neglect; the Child has not returned to Mother’s or
    1
    Mother’s parental rights to the Child were also terminated; however, Mother is not a party to this appeal.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-2570 | April 30, 2019                      Page 2 of 19
    Father’s care since his removal. That same day, DCS filed a petition that
    alleged the Child was a child in need of services (“CHINS”).
    [4]   On October 4, 2016, the State charged Father with domestic battery and offered
    him a pretrial diversion if Father completed the Character Restoration program.
    The trial court adjudicated the Child as a CHINS on November 15, 2016.
    Pursuant to a dispositional order entered that day, Father was required to
    undergo “parenting assessment and parenting education, substance abuse
    assessment and treatment, domestic violence assessment and education, home-
    based case management, individual counseling, random drug screens, and
    parenting time.” App. Vol. II pp. 13-14.
    [5]   During the pendency, DCS referred Father to various service providers for
    counseling, supervised visitation, and programming. Father was repeatedly
    discharged from referrals for no-shows and cancellations. Father was also
    incarcerated on criminal charges multiple times during the pendency of the
    CHINS matter. On October 2, 2017, the State filed a petition to set a bench
    trial for Father’s failure to complete the Character Restoration program. On
    October 10, 2017, Father was convicted of possession of a synthetic drug, a
    Class A misdemeanor; and on March 27, 2018, Father was convicted of
    conversion, a Class A misdemeanor.
    [6]   On January 21, 2018, DCS filed a petition to terminate Father’s parental rights.
    The trial court conducted a fact-finding hearing on April 11, May 14, and June
    29, 2018. DCS presented testimony of family case managers (“FCMs”), the
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-2570 | April 30, 2019   Page 3 of 19
    director of the Character Restoration Center, and various service providers.
    Father, who was once again incarcerated, testified on his behalf.
    [7]   On September 26, 2018, the trial court entered the following findings of fact and
    conclusions of law:
    1. There is a reasonable probability the conditions that resulted in
    removal of the child from the home or the reasons for continued
    placement outside the home will not be remedied. Neither
    parent has demonstrated the ability or willingness to make lasting
    changes from past behaviors. There is no reasonable probability
    that either parent will be able to maintain stability necessary to
    care and provide for the child.
    2. Continuation of the parent-child relationships poses a threat to
    the well-being of the child. The child needs stability in life. The
    child needs parents with whom the child can form a permanent
    and lasting bond to provide for the child’s emotional and
    psychological as well as physical wellbeing. The child’s well-
    being would be threatened by keeping the child in parent-child
    relationships with either parent whose own choices and actions
    have made them unable to meet their own needs let alone the
    needs of the child.
    3. DCS has a satisfactory plan of adoption for the care and
    treatment of this child following termination of parental rights.
    The child can be adopted and there is reason to believe an
    appropriate permanent home has or can be found for the child.
    4. For the foregoing reasons, it is in the best interests of [the
    Child] that the parental rights of [Mother] and [Father] be
    terminated.
    App. Vol. II p. 16. Father now appeals.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-2570 | April 30, 2019   Page 4 of 19
    Analysis
    [8]   Father challenges the termination of his parental relationship with the Child.
    The Fourteenth Amendment to the United States Constitution protects the
    traditional rights of parents to establish a home and raise their children. In re
    K.T.K. v. Indiana Dept. of Child Services, Dearborn County Office, 
    989 N.E.2d 1225
    ,
    1230 (Ind. 2013). “[A] parent’s interest in the upbringing of [his or her] child is
    ‘perhaps the oldest of the fundamental liberty interests recognized by th[e]
    [c]ourt[s].’” 
    Id. (quoting Troxel
    v. Granville, 
    530 U.S. 57
    , 65, 
    120 S. Ct. 2054
    (2000)). We recognize, of course, that parental interests are not absolute and
    must be subordinated to the child’s best interests when determining the proper
    disposition of a petition to terminate parental rights. 
    Id. Thus, “‘[p]arental
    rights may be terminated when the parents are unable or unwilling to meet their
    parental responsibilities by failing to provide for the child’s immediate and long-
    term needs.’” In re 
    K.T.K., 989 N.E.2d at 1230
    (quoting In re D.D., 
    804 N.E.2d 258
    , 265 (Ind. Ct. App. 2004), trans. denied).
    [9]   When reviewing the termination of parental rights, we do not reweigh the
    evidence or judge witness credibility. In re C.G., 
    954 N.E.2d 910
    , 923 (Ind.
    2011). We consider only the evidence and reasonable inferences that are most
    favorable to the judgment. 
    Id. We must
    also give “due regard” to the trial
    court’s unique opportunity to judge the credibility of the witnesses. 
    Id. (quoting Ind.
    Trial Rule 52(A)).
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-2570 | April 30, 2019   Page 5 of 19
    [10]   Pursuant to Indiana Code Section 31-35-2-8(c), “The trial court shall enter
    findings of fact that support the entry of the conclusions required by subsections
    (a) and (b)” when granting a petition to terminate parental rights. 2 Here, the
    trial court did enter findings of fact and conclusions of law in granting DCS’s
    petition to terminate Father’s parental rights. When reviewing findings of fact
    and conclusions of law entered in a case involving the termination of parental
    rights, we apply a two-tiered standard of review. First, we determine whether
    the evidence supports the findings, and second, we determine whether the
    findings support the judgment. 
    Id. We will
    set aside the trial court’s judgment
    only if it is clearly erroneous. 
    Id. A judgment
    is clearly erroneous if the
    findings do not support the trial court’s conclusions or the conclusions do not
    support the judgment. 
    Id. [11] Indiana
    Code Section 31-35-2-8(a) provides that “if the court finds that the
    allegations in a petition described in [Indiana Code Section 31-35-2-4] are true,
    the court shall terminate the parent-child relationship.” Indiana Code Section
    2
    Indiana Code Sections 31-35-2-8(a) and (b), governing termination of a parent-child relationship involving a
    delinquent child or CHINS, provide as follows:
    (a) Except as provided in section 4.5(d) of this chapter, if the court finds that the
    allegations in a petition described in section 4 of this chapter are true, the court shall
    terminate the parent-child relationship.
    (b) If the court does not find that the allegations in the petition are true, the court shall
    dismiss the petition.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-2570 | April 30, 2019                          Page 6 of 19
    31-35-2-4(b)(2) provides that a petition to terminate a parent-child relationship
    involving a child in need of services must allege, in part:
    (B) That one (1) of the following is true:
    (i)     The child has been removed from the parent
    for at least six (6) months under a
    dispositional decree.
    (ii)    The court has entered a finding under IC 31-
    34-21-5.6 that reasonable efforts for family
    preservation or reunification are not required,
    including a description of the court’s finding,
    the date of the finding, and the manner in
    which the finding was made.
    (iii)   The child has been removed from the parent
    and has been under the supervision of a local
    office or probation department for at least
    fifteen (15) months of the most recent twenty-
    two (22) months, beginning with the date the
    child is removed from the home as a result of
    the child being alleged to be a child in need of
    services or a delinquent child.
    (C) that one (1) of the following is true:
    (i)     There is a reasonable probability that the
    conditions that resulted in the child’s removal
    or the reasons for placement outside the
    home of the parents will not be remedied.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-2570 | April 30, 2019   Page 7 of 19
    (ii)     There is a reasonable probability that the
    continuation of the parent-child relationship
    poses a threat to the well-being of the child.
    (iii)    The child has, on two (2) separate occasions,
    been adjudicated a child in need of services;
    (D)      that termination is in the best interests of the child;
    and
    (E)      that there is a satisfactory plan for the care and
    treatment of the child.
    DCS must establish these allegations by clear and convincing evidence. In re
    V.A., 
    51 N.E.3d 1140
    , 1144 (Ind. 2016).
    [12]   Father argues there is no evidence to support the trial court’s conclusions that
    the conditions that led to the Child’s removal would not be remedied or that
    continuation of the parent-child relationship poses a threat to the wellbeing of
    the Child. 3 Father also argues that there is no evidence that termination of
    Father’s rights is in the best interests of the Child.
    A. Continuation of Relationship Poses Threat to Wellbeing
    [13]   First, Father argues there is no evidence to support the trial court’s conclusion
    that continuation of the parent-child relationship poses a threat to the wellbeing
    3
    Indiana Code Section 31-35-2-4(b)(2)(B) is written in the disjunctive; therefore, we need only decide if the
    trial court’s findings support one of these two requirements. See In re L.S., 
    717 N.E.2d 204
    , 209 (Ind. Ct.
    App. 1999).
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-2570 | April 30, 2019                      Page 8 of 19
    of the Child. When considering whether there is sufficient evidence to support
    such a finding, trial courts must “consider a parent’s habitual pattern of conduct
    to determine whether there is a substantial probability of future neglect or
    deprivation.” Bester v. Lake Cty. Office of Family & Children, 
    839 N.E.2d 143
    , 152
    (Ind. 2005). “At the same time, however, a trial court should judge a parent’s
    fitness to care for his [or her] child as of the time of the termination proceeding,
    taking into consideration evidence of changed conditions.” 
    Id. [14] In
    concluding that continuation of the parent-child relationship poses a threat to
    the Child’s wellbeing, the trial court reached the following pertinent findings
    and conclusions:
    ...
    3. Investigation confirmed that Father was arrested for Domestic
    Battery. Both parents sustained minor injuries. Mother admitted
    each parent struck the other parent during this incident and
    disclosed a prior incident of Father pulling her hair. . . .
    *****
    11. At the onset of the CHINS case. Mother and Father
    maintained housing. However, the parents have essentially been
    homeless since approximately April 2017 after being evicted.
    Both parents have prior evictions. At the time of the termination
    hearing, . . . Father had been residing with a friend for a couple
    of weeks.
    12. Neither parent successfully maintained employment. [ ] . . .
    Father reported part-time employment at $10.00 per hour.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-2570 | April 30, 2019   Page 9 of 19
    Father also receives social security benefits of approximately
    $675.00 per month.
    *****
    20. The parents only sporadically participated in home-based
    case management services. Case management goals included
    time management, organization, transportation, housing, and
    employment. . . . . Father also needed assistance and/or
    monitoring regarding medication compliance. Father is diabetic
    and did not take medications as prescribed. Little to no progress
    was made toward these goals. The parents were discharged from
    case management services at eight (8) different agencies for lack
    of attendance.
    21. The parents failed to consistently attend scheduled parenting
    time which remained fully supervised throughout the CHINS
    case. At times, the parents were prepared with supplies. At visits
    attended, interactions between the parents and the child were
    appropriate. The parents were discharged from six (6) separate
    agencies for lack of attendance. Father last saw the child in April
    2017. [ ] The parents failed to re-engage in supervised parenting
    time services after the last referral in August 2017.
    App. Vol. II pp. 13, 14-15.
    [15]   DCS presented testimony of various service providers, who confirmed that they
    had no alternative, but to discharge Father from services for his inconsistency,
    no-shows, and failure to otherwise engage in services. During its case in chief,
    DCS presented the following evidence: Aliesha Walker, who served as FCM
    regarding the Child, testified that Father was largely unsuccessful regarding
    DCS’s case plan and failed to make significant progress regarding reunification
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-2570 | April 30, 2019   Page 10 of 19
    goals. Specifically, Walker testified that Father: (1) failed to complete home-
    based case management because he was not “consistent with services” and was
    “always cancelling appointments”; (2) failed to complete Character Restoration
    “cause he was always missing it”; (3) was “not consistent” with random drug
    screens; (4) failed to maintain consistent housing and steady employment; and
    (5) “was not consistent” with visitation and gave “a lot of . . . excuses more
    than reasons [for] why he would miss visitation.” Tr. Vol. II pp. 81, 82, 84, 85.
    [16]   Likewise, FCM Jamie Johansen testified that Father was routinely discharged
    by service providers for his lack of communication and engagement. Johansen
    testified that Father attended only twenty-one of thirty-five scheduled
    supervised visits; and DCS did not “[see] enough consistency to progress”
    beyond fully supervised visits. 
    Id. at 165.
    Johansen testified further that DCS
    made eight referrals for case management and that Mother and Father were
    discharged eight times. Johansen also testified that Father: (1) failed to
    complete the twenty-six-week Character Restoration domestic violence course;
    (2) completed only ten of fifty-two drug screens; (3) tested positive for
    marijuana on April 11, 2018; and (4) Father has been homeless since April
    2017.
    [17]   Christina Pointer, formerly of Selah Academy, testified that Father’s supervised
    visitation referral was terminated in April 2017 after Father missed three
    consecutive visits. Morgan Salazar, formerly of Home-based Goal Focused
    Counseling for Children and Families, testified that Father was “being late for
    visits, no-showing, [and] canceling.” 
    Id. at 122.
    Lisa Swaney, who supervised
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-2570 | April 30, 2019   Page 11 of 19
    Mother’s and Father’s visitation in early October 2016, testified that Father’s
    supervised visitation was terminated in late November 2016 “due to several no-
    shows [and] early cancellations,” including seven canceled visits and no-shows
    in a one and one-half month period. 
    Id. at 125,
    126. Home-based mental
    health therapist Melissa Cobarrubias testified that she scheduled six sessions
    with Father, who no-showed for four.
    [18]   In the same vein, Janette Jackson of People Makers testified that Father was
    referred for home-based casework and supervised visits in April 2017 and that
    People Makers discharged him two months later. Jackson also testified that
    Father exhibited “unwillingness” to participate in services, made “a lot of
    excuses” regarding his lack of employment, and refused to take court-ordered
    medication for his diabetes. 
    Id. at 146.
    [19]   Tracey Winger, formerly a case manager with Arisings, testified that “we rarely
    were able to make . . . continual weekly visits” due to “a lot of reschedules and
    no-shows.” 
    Id. at 132.
    Winger testified that Father indicated “that [he was]
    actively seeking [employment]” but did not get a job while Winger was working
    with him. 
    Id. at 133.
    Arisings eventually discharged Father in April 2017 after
    six or seven no-shows and following an exchange with Father regarding DCS’
    involvement in his life that left Winger feeling “intimidated.” 
    Id. at 136.
    [20]   DCS presented evidence of Father’s habitual patterns of apathy, lack of
    initiative, and self-destructiveness. We are especially struck by Father’s refusal
    to acknowledge or address the domestic violence issue that resulted in the
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-2570 | April 30, 2019   Page 12 of 19
    Child’s removal; Father’s disinclination to take his diabetes medication; his
    rejection of DCS’ efforts to assist him with parenting and life skills; and his
    inability to secure and maintain housing and employment during the two-year
    pendency of the DCS action.
    [21]   Based on the foregoing, we find that DCS demonstrated that there is a
    substantial probability of future neglect or deprivation if the parent-child
    relationship is allowed to continue. Accordingly, we conclude that sufficient
    evidence exists to support the trial court’s finding that continuation of the
    parent-child relationship poses a threat to the wellbeing of the Child.
    B. Best Interests of Child
    [22]   Next, Father argues that the trial court erred in concluding that termination of
    his parental rights is in the best interests of the Child. Father argues, “There is a
    bond between Father and his child, and it would not be in [the Child’s] best
    interests to have his relationship with this biological parent severed. Case law
    does not require that persons be model parents.” Appellant’s Br. pp. 15-16.
    [23]   In determining what is in the best interests of a child, the trial court is required
    to look at the totality of the evidence. See In re A.B., 
    887 N.E.2d 158
    , 167-68
    (Ind. Ct. App. 2008). In doing so, the trial court must subordinate the interests
    of the parents to those of the child involved. 
    Id. at 168.
    Termination of a
    parent-child relationship is proper where the child’s emotional and physical
    development is threatened. 
    K.T.K., 989 N.E.2d at 1235
    . A trial court need not
    wait until a child is irreversibly harmed such that his or her physical, mental,
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-2570 | April 30, 2019   Page 13 of 19
    and social development is permanently impaired before terminating the parent-
    child relationship. 
    Id. Additionally, a
    child’s need for permanency is a “central
    consideration” in determining the best interests of a child. 
    Id. [24] Here,
    in determining that termination of the parent-child relationship was in the
    Child’s best interests, the trial court reached the following findings and
    conclusions, including findings already stated above:
    ...
    11. At the onset of the CHINS case, Mother and Father
    maintained housing. However, the parents have essentially been
    homeless since approximately April 2017 after being evicted.
    Both parents have prior evictions. At the time of the termination
    hearing, Mother reported residing between a friend’s home and
    the LUM Shelter and Father had been residing with a friend for a
    couple of weeks.
    12. Neither parent successfully maintained employment. [ ]
    Father reported part-time employment at $10.00 per hour.
    Father also receives social security benefits of approximately
    $675.00 per month
    *****
    17. The parents have never addressed domestic violence issues.
    DCS and service providers observed signs of power and control
    issues between the parents. Mother and Father remained in a
    relationship throughout most of the CHINS case although they
    did not always reside together.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-2570 | April 30, 2019   Page 14 of 19
    18. Even though Mother reported more than just a few prior
    incidents of domestic violence and that Father wanted to know
    Mother’s whereabouts and actions at all times, she struggled to
    identify herself as a victim of domestic violence. * * * * *
    19. Father failed to complete domestic violence education at
    Character Restoration. Father was unsuccessfully discharged
    from individual therapy after attending only two (2) of six (6)
    scheduled sessions. At the time of the termination hearing,
    Father was still unable to acknowledge the nature and extent of
    the domestic violence incident resulting in removal of the child
    from the home. Father still denied any physical contact and
    denied any injury.
    20. The parents only sporadically participated in home-based
    case management services. Case management goals included
    time management, organization, transportation, housing, and
    employment. [ ] Father also needed assistance and/or
    monitoring regarding medication compliance. Father is diabetic
    and did not take medications as prescribed. Little to no progress
    was made toward these goals. The parents were discharged from
    case management services at eight (8) different agencies for lack
    of attendance.
    21. The parents failed to consistently attend scheduled parenting
    time which remained fully supervised throughout the CHINS
    case. [ ] The parents were discharged from six (6) separate
    agencies for lack of attendance. Father last saw the child in April
    2017. Mother last saw the child in July 2017. The parents failed
    to re-engage in supervised parenting time services after the last
    referral in August 2017.
    *****
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-2570 | April 30, 2019   Page 15 of 19
    23. CASA, Verdell Releford, supports termination of parental
    rights in the best interests of the child. CASA noted the parents
    have had no contact with the child in approximately a year. The
    parents have made no progress toward reunification. The child is
    bonded with the foster placement and has no special needs. The
    child is adoptable even if the current foster placement is unable to
    adopt for any reason.
    App. Vol. II pp. 14-16.
    [25]   At the fact-finding hearing, DCS’ FCMs testified as follows regarding Father’s
    attitude regarding his domestic violence issue: FCM Johansen testified that
    Father refused to even acknowledge the domestic violence incident that
    prompted DCS’ removal of the Child; denied having any domestic violence
    issues; deflected blame to others; and rejected DCS’ services aimed toward
    curbing domestic violence. Regarding the incident that prompted DCS’
    involvement, Johansen testified:
    . . .[ ] on August 25, 2016, [ ] both parents were incarcerated. []
    [P]olice showed up to their home due to a domestic violence
    incident, um, in which the mother and father were fighting with
    each other. [T]he story about what has actually happened from
    the parents has changed, um, but both parents . . . sustain[ed]
    some minor injuries. [L]et’s see, um, mother reported that the
    father threw a heater at her head and was hitting and kicking her.
    [S]he also admitted to striking . . . [Father] in the face, um, when
    [Father] had pulled the child from the Pack-N-Play by [the
    Child’s] arm.
    Tr. Vol. II p. 155.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-2570 | April 30, 2019   Page 16 of 19
    [26]   Asked about her ongoing concerns, FCM Johansen testified that, in addition to
    unaddressed issues of “manipulation and domestic violence” in Mother’s and
    Father’ relationship, she was concerned that:
    . . . [Mother and Father have] been chronically homeless since
    around April 2017. [T]hat means they don’t have a stable home
    to care for a child. [T]hey’ve been chronically unemployed.
    That means they don’t have the means to support said child.
    [T]hey, um, they’ve demonstrated inability to take care of their
    own needs []as presented through, [Father] refusing to take his
    [insulin] medication. [H]ow would they meet the needs of a
    child if they can’t take care of themselves[?]
    Tr. Vol. II p. 170.
    [27]   Next, FCM Walker testified:
    . . . [Father] wanted to blame DCS for everything and he felt that
    his child shouldn’t be, um, removed. So, it was a constant, um,
    battle with him in not accepting why his child was removed and
    to get him the help that he needed for why his child was
    removed. So, um, he would become very argumentative, um,
    and did not want to cooperate with services.
    
    Id. at 86.
    [28]   Harry Heyer, director of the Character Restoration Center, testified that Father
    failed to regularly attend and participate in classes; was “violated out per
    program policy” three separate times for missing consecutive sessions; and
    failed to meet the program objective of treating Father’s “problematic
    patternistic behaviors.” 
    Id. at 23-24,
    27. Heyer testified that consecutive
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-2570 | April 30, 2019   Page 17 of 19
    program attendance is critical because data on domestic violence establishes
    that, after missing two consecutive classes, “[attendees’] cognition goes back to
    the same problematic thinking” that prompted the referral. 
    Id. at 23.
    [29]   Mother testified that the August 2017 domestic violence incident “unfolded in
    front of [the] child,” who was eight months old. 
    Id. at 64.
    Mother testified that
    she identifies as a domestic violence victim; that she and Father had multiple
    prior physical altercations before the August 2017 incident; and that she was
    “not continuing a relationship [with Father]” because it is unhealthy to do so.
    
    Id. at 67.
    [30]   DCS presented evidence that Father simply refused to address his domestic
    violence issues throughout the two-year CHINS pendency. Coupled with
    Father’s failure to participate in services, his failure to secure and maintain
    housing and employment during the pendency of the CHINS action, his
    chronic incarcerations, and the fact that the Child has lived with—and thrived
    in the care of—the same pre-adoptive foster family for the nearly-three-year
    period since the Child’s removal, we find that the totality of the evidence
    supports the trial court’s finding that termination of the parent-child
    relationship is in the Child’s best interests. As the trial court stated:
    The child needs stability in life. The child needs parents with
    whom the child can form a permanent and lasting bond to
    provide for the child’s emotional and psychological as well as
    physical wellbeing. The child’s well[]being would be threatened
    by keeping the child in parent-child relationships with either
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-2570 | April 30, 2019   Page 18 of 19
    parent whose own choices and actions have made them unable to
    meet their own needs let alone the needs of the child.
    App. Vol. II p. 16. We agree. Ever mindful of the Child’s need for
    permanency, we find that the Child’s emotional and physical development
    would be threatened if the parent-child relationship is allowed to continue. We
    reiterate that a trial court need not wait until a child is irreversibly harmed such
    that his or her physical, mental, and social development is permanently
    impaired before terminating the parent-child relationship. 
    K.T.K., 989 N.E.2d at 1235
    . Based on the foregoing, we cannot say that the trial court’s finding
    that termination of Father’s parental rights is in the Child’s best interests is
    clearly erroneous.
    Conclusion
    [31]   Sufficient evidence supports the termination of Father’s parental rights. We
    affirm.
    [32]   Affirmed.
    Crone, J., and Bradford, J., concur.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-2570 | April 30, 2019   Page 19 of 19