In Re the Matter of the Termination of Parental Rights of: P.O.M. (Minor Child) and J.M. (Mother) v. The Indiana Department of Child Services (mem. dec.) ( 2018 )


Menu:
  • MEMORANDUM DECISION
    Pursuant to Ind. Appellate Rule 65(D),
    this Memorandum Decision shall not be
    FILED
    regarded as precedent or cited before any                                     Dec 20 2018, 9:02 am
    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
    Frederick A. Turner                                      Curtis T. Hill, Jr.
    Bloomington, Indiana                                     Attorney General of Indiana
    Robert J. Henke
    Deputy Attorney General
    Indianapolis, Indiana
    IN THE
    COURT OF APPEALS OF INDIANA
    In Re the Matter of the                                  December 20, 2018
    Termination of Parental Rights                           Court of Appeals Case No.
    of:                                                      18A-JT-301
    P.O.M. (Minor Child)                                     Appeal from the Monroe Circuit
    Court
    and
    The Honorable Frances G. Hill,
    J.M. (Mother),                                           Judge
    Appellant-Respondent,                                    Trial Court Cause No.
    53C06-1704-JT-350
    v.
    The Indiana Department of
    Child Services,
    Appellee-Petitioner.
    Robb, Judge.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-301 | December 20, 2018                 Page 1 of 19
    Case Summary and Issues
    [1]   J.M. (“Mother”) appeals the juvenile court’s termination of her parental rights
    to P.O.M. (“Child”), raising two issues for our review which we restate as: (1)
    whether the trial court abused its discretion in denying Mother’s motion for a
    continuance; and (2) whether the juvenile court made sufficient findings to
    support the involuntary termination of her parental rights. Concluding the
    juvenile court did not abuse its discretion in denying Mother’s motion for a
    continuance and the findings were sufficient to support the involuntary
    termination of Mother’s rights, we affirm.
    Facts and Procedural History
    [2]   On three separate occasions in April 2016, Child, who was then not yet three
    years old, was found wandering the streets unsupervised.1 And, when Mother
    picked Child up from the police station following the last occasion on April 24,
    she appeared to be under the influence of an intoxicating substance. Mother
    refused a drug screen or to engage in a safety plan. A few days later, on April
    26, the Indiana Department of Child Services (“DCS”) filed a petition alleging
    Child was a child in need of services (“CHINS”), citing a lack of supervision
    and Mother’s ongoing drug use. Mother subsequently tested positive for
    cocaine on May 4 and tested positive for methamphetamine on June 15. The
    1
    The biological father of the Child is unknown and was not subject to this litigation.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-301 | December 20, 2018            Page 2 of 19
    juvenile court adjudicated Child a CHINS on June 20 and Child was placed in
    foster care.
    [3]   On July 18, the juvenile court ordered Mother to comply with twenty-four
    directives to combat substance abuse and mental health issues. Among other
    things, these directives required Mother to:
    maintain contact with DCS; maintain suitable safe, and stable
    housing; maintain a stable source of income; not use, consume,
    trade or sell any illegal controlled substances; obey the law;
    complete Parent/Family Function Assessment and complete
    services as recommended in the assessment; complete substance
    abuse assessment and complete recommendations made in the
    assessment; submit to weekly drug screens; and attend all
    scheduled visitations with the Child.
    Appellant’s Appendix, Volume 2 at 33-34.
    [4]   The juvenile court found Mother was “generally” complying with services at a
    review hearing on October 20, 2016, but she had “not yet enhanced her ability
    to fulfill her parental obligations[,]” and she had failed to take drug screens on
    August 11, September 9, and September 23. Index of Exhibits at 24-27.
    [5]   The juvenile court conducted a permanency hearing on March 28, 2017.
    There, the court found that although Mother was generally loving during her
    visits with Child, the police had to be called on one occasion in December 2016
    because “Mother screamed for 10 minutes holding the Child and refused to give
    the Child to the visitation supervisor[.]” Appellant’s App., Vol. 2 at 34. The
    court further found that Mother “no showed” for almost half her scheduled
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-301 | December 20, 2018   Page 3 of 19
    drug screens from December 2016 through February 2017. The court modified
    the permanency plan from reunification to adoption due to Mother’s drug use
    and inability to make progress toward mental health stability. 
    Id. DCS filed
    a
    verified petition for the termination of the parent-child relationship (“TPR”)
    between Mother and Child on April 19.
    [6]   In Mother’s absence, the juvenile court held another review hearing on June 20,
    2017. Mother had continued to miss drug screens and had been arrested for
    possession of methamphetamine and a syringe just a week prior. Mother’s
    participation in mental health treatment was “not . . . consistent[,]” and
    Mother’s therapist reported “no progress was made in April 2017 and Mother
    was irrational and not responsive to de-escalation techniques.” Index of
    Exhibits at 36.
    [7]   The juvenile court conducted a termination hearing on August 2, 2017. Mother
    requested a continuance at the beginning of the hearing, but the juvenile court
    denied her motion. After hearing the evidence, the court terminated Mother’s
    parental rights through written findings of fact and conclusions of law issued on
    September 1, 2017, concluding:
    The DCS has proven by a preponderance of evidence2 as follows:
    2
    On February 2, 2018, the juvenile court sua sponte issued a Notice and Correction of Scrivener’s Error
    which stated:
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-301 | December 20, 2018                Page 4 of 19
    26.      The Child has been removed from the home for more than
    6 months under a dispositional decree.
    27.      There is a reasonable probability that the conditions which
    resulted in the removal of Child from the home will not be
    remedied and that the continuation of the parent-child
    relationship poses a threat to the wellbeing of the Child.
    Although there is no doubt that Mother has love for the
    Child, Mother did not express a sincere understanding of
    the safety needs of the Child or her responsibilities to
    affectively [sic] address or avoid the 3 occasions when the
    Child was found wondering [sic] outside of the home
    unsupervised as a toddler, Mother continued to use illegal
    substances throughout the case even though she was
    offered and received significant drug treatment services,
    Mother did not fully utilize or benefit from the services to
    enable her to obtain stable emotional and mental health
    necessary to the care of the Child, despite extensive mental
    health treatment Mother continued to exhibit irrational
    thinking and did not make significant progress in
    necessary goals of learning to regulate her emotions and
    distress tolerance, Mother stopped all services and
    visitation with the Child for a period of time while this
    termination petition was pending by fleeing to Michigan to
    avoid a drug arrest warrant in Indiana, and Mother’s
    history of near evictions and fleeing to Michigan and
    recent criminal acts do not evince housing or social
    stability needed by the Child.
    … an error was made in stating that the DCS has proven the following by a “preponderance of
    the evidence.” Judge Hill decided the case using the standard of “clear and convincing
    evidence,” but by scrivener’s error, cited the incorrect standard of “preponderance of the
    evidence” in the Ruling.
    Appellant’s App., Vol. 2 at 84.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-301 | December 20, 2018             Page 5 of 19
    28.      Termination is in the best interest of the Child. The Child
    entered foster care with developmental delays and
    behavioral issues. The Child has participated in therapy
    and has benefited from the Nurturing Heart Program
    implemented by the foster parents to address behavioral
    issues. Progress has been made in these areas and the
    Child has benefited from the stable and consistent
    environment provided by the foster parents. The Mother’s
    emotionalism, unresolved mental health issues, and
    continued drug use will not provide minimal safety and
    stability for the Child. Despite some periods of sobriety
    and Mother’s love for the Child, the evidence does not
    show that Mother has the motivation or ability to
    implement the changes necessary to provide a safe and
    stable environment for the Child.
    29.      DCS has a satisfactory plan for the Child. The current
    foster parents that the Child has lived with during the
    entire period of this care are willing, able and hopeful to
    adopt the Child.
    The Petition for Involuntary Termination of Parental Rights has
    been proven and should be granted.
    Appellant’s App., Vol. 2 at 41-42. Mother now appeals.
    Discussion and Decision
    I. Motion to Continue
    [8]   First, Mother argues the juvenile court erred in denying her verbal motion for a
    continuance. We review a trial court’s decision to grant or deny a motion to
    continue for abuse of discretion. In re K.W., 
    12 N.E.3d 241
    , 243-44 (Ind. 2014).
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-301 | December 20, 2018   Page 6 of 19
    An abuse of discretion may be found in the denial of a motion for
    a continuance when the moving party has shown good cause for
    granting the motion, but no abuse of discretion will be found
    when the moving party has not demonstrated that he or she was
    prejudiced by the denial.
    
    Id. (internal citation
    and quotations omitted). “The party seeking a continuance
    must show that he or she is free from fault[,]” and there is a “strong
    presumption that the trial court properly exercised its discretion.” In re B.H., 
    44 N.E.3d 745
    , 748 (Ind. Ct. App. 2015), trans. denied.
    [9]   At the beginning of the TPR hearing, Mother requested a continuance, with her
    counsel stating:
    [Mother] would like to, she’s had a lot of things going on in her
    life to where she hasn’t been able to meet the requirements that
    have been set out previously, but she believes she can do that
    now. And she’s asked to set this out such that she can complete
    a course of treatment, to put her in a better position in front of
    this court.
    Transcript of Evidence, Volume 1 at 4. DCS objected, arguing that the case
    had been ongoing for “over 15 months[,]” and “Mother’s has [sic] had plenty of
    time to show her motivation and determination, and efforts at reunification,
    she’s failed to do so as of today.” 
    Id. at 5.
    The juvenile court denied Mother’s
    motion before proceeding to hold the hearing that ultimately resulted in
    termination of her parental rights.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-301 | December 20, 2018   Page 7 of 19
    [10]   On appeal, Mother argues that she needed more time to comply with the
    dispositional order and that the juvenile court’s denial of her motion amounted
    to an abuse of discretion. In support of her argument, Mother cites the juvenile
    court’s Conclusion on Permanency in its March 31, 2017 Order:
    Although the hearing was helpful for the court to appreciate the
    efforts of Mother, the court concludes that reunification efforts
    have not been successful. Mother’s efforts to treat her anxiety
    and depression have not been consistent and she has shown only
    minimal improvement. Mother’s mental health stability is
    necessary to safely supervise and parent her child. Mother’s
    continued and significant use of Methamphetamines at least
    through February 2017 does not show a commitment toward
    reunification with the child. The fact that Mother was
    continuing to use even while she was reportedly attending drug
    treatment is contrary to a commitment to reunification. The
    permanency plan is changed to Termination of Parental rights.
    However, termination proceedings can be continued if Mother
    demonstrates a clear and consistent commitment to maintain sobriety
    and attend and benefit from mental health treatment.
    Index of Exhibits at 30-31 (emphasis added). Mother further argues that she
    “has shown good cause” for the termination hearing to be continued because,
    as her counsel explained, “she was in a better position and able to address the
    mental health concerns and the substance abuse.” Brief of Appellant-Mother at
    11.
    [11]   As opposed to demonstrating the type of “clear and consistent commitment”
    which may have warranted a continuance, Mother’s situation continued to
    decline. Index of Exhibits at 31. Between the date of the juvenile court’s offer
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-301 | December 20, 2018   Page 8 of 19
    of a continuance and the denial of her subsequent motion, Mother had
    continued to miss drug screens and was arrested for possession of
    methamphetamine and a syringe. Moreover, the juvenile court found in its
    June 23 Review of Permanency Plan Order that Mother’s participation in
    mental health treatment “had not been consistent” and she had made “no
    progress . . . in April 2017[.]” Index of Exhibits at 36. Mindful of the “strong
    presumption” in favor of the juvenile court’s ruling, In re 
    B.H., 44 N.E.3d at 748
    , and Mother’s failure to display a “clear and consistent commitment[,]”
    Index of Exhibits at 31, we conclude the juvenile court did not abuse its
    discretion in denying Mother’s motion for a continuance.
    II. Termination Order
    [12]   Next, Mother challenges the underlying termination order. A parent’s interest
    in the care, custody, and control of his child is “perhaps the oldest of the
    fundamental liberty interests[,]” Bester v. Lake Cty.. OFC, 
    839 N.E.2d 143
    , 147
    (Ind. 2005), and these rights are protected by the Fourteenth Amendment to the
    United States Constitution, In re D.D., 
    804 N.E.2d 258
    , 264 (Ind. Ct. App.
    2004), trans. denied. Although these rights are constitutionally protected, they
    are not without limitation and the law provides for the termination of the
    parent-child relationship when parents are unable or unwilling to meet their
    parental responsibilities. In re R.H., 
    892 N.E.2d 144
    , 149 (Ind. Ct. App. 2008).
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-301 | December 20, 2018   Page 9 of 19
    A. Standard of Review
    [13]   When reviewing the termination of parental rights, we do not reweigh the
    evidence or judge the credibility of witnesses. In re 
    D.D., 804 N.E.2d at 265
    .
    Rather, we only consider evidence, and reasonable inferences therefrom, most
    favorable to the judgment, 
    id., and we
    will only set aside the court’s judgment
    terminating a parent-child relationship when it is clearly erroneous, In re L.S.,
    
    717 N.E.2d 204
    , 208 (Ind. Ct. App. 1999), trans. denied, cert. denied, 
    534 U.S. 1161
    (2002). The trial court abuses its discretion only when its decision is
    clearly against the logic and effect of the facts and circumstances before it. 
    Id. [14] As
    required by Indiana Code section 31-35-2-8, the juvenile court entered
    findings of fact and conclusions thereon when terminating Mother’s parental
    rights. Accordingly, we apply a two-tiered standard of review. 
    Bester, 839 N.E.2d at 147
    . We must first determine whether the evidence supports the
    findings; then we determine whether the findings support the judgment. 
    Id. Findings will
    only be set aside if they are clearly erroneous and findings are
    clearly erroneous only “when the record contains no facts to support them
    either directly or by inference.” Yanoff v. Muncy, 
    688 N.E.2d 1259
    , 1262 (Ind.
    1997).
    II. Termination of Mother’s Parental Rights
    [15]   To terminate parental rights, Indiana Code section 31-35-2-4(b)(2) requires the
    State to prove, in relevant part:
    (B) that one (1) of the following is true:
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-301 | December 20, 2018   Page 10 of 19
    (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.
    (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;
    (C) that termination is in the best interests of the child; and
    (D) that there is a satisfactory plan for the care and treatment of
    the child.
    The State must prove the foregoing elements by clear and convincing evidence.
    Ind. Code § 31-37-14-2; In re V.A., 
    51 N.E.3d 1140
    , 1144 (Ind. 2016). However,
    because subsection (b)(2)(B) is written in the disjunctive, the juvenile court need
    only find one of the three elements by clear and convincing evidence. See Castro
    v. State Office of Family & Children, 
    842 N.E.2d 367
    , 373 (Ind. Ct. App. 2006),
    trans. denied.
    [16]   Here, the juvenile court found that the State proved both subsections (i) and (ii)
    of Indiana Code section 31-35-2-4(b)(2)(B) by clear and convincing evidence.3
    3
    Initially, Mother also argued the juvenile court had applied an incorrect burden of proof and that its sua
    sponte order correcting such mistake was “of no moment in this appeal.” Br. of Appellant at 10 n.1.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-301 | December 20, 2018                 Page 11 of 19
    Mother now attempts to challenge the sufficiency of the evidence to support both
    conclusions.4
    A. Sufficiency of the Juvenile Court’s Findings
    [17]   Mother argues the juvenile court failed to provide an explanation as to:
    how the findings support a conclusion that 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 or that is a reasonable probability that the
    continuation of the parent-child relationship poses a threat to the
    well-being of the child.
    Br. of Appellant at 12. Mother, however, fails to support this perfunctory
    assertion with cogent reasoning or citation to authority. As such, Mother has
    waived this issue for our review. Ind. Appellate Rule 46(A)(8) (providing that
    the argument section of the appellant’s brief must “contain the contentions of
    the appellant on the issues presented, supported by cogent reasoning[,]” along
    with citations to the authorities, statutes, and parts of the record relied upon,
    and a clear showing of how the issues and contentions in support thereof relate
    to the particular facts under review). Because these perfunctory assertions are
    However, “[a]fter reviewing both Briefs and the law,” Mother has since withdrawn this argument. Reply
    Brief of Appellant at 5.
    4
    Mother has not contested the juvenile court’s conclusion that termination is in the best interests of the Child
    or that there is a satisfactory plan for the care and treatment of the Child. See Appellant’s App., Vol. 2 at 42,
    ¶¶ 28-29. Accordingly, Mother has waived any argument as to these conclusions. A.D.S. v. Indiana DCS, 
    987 N.E.2d 1150
    , 1156 n.4 (Ind. Ct. App. 2013) (explaining that a parent’s failure to support arguments with
    cogent reasoning results in waiver on appeal), trans. denied.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-301 | December 20, 2018                   Page 12 of 19
    the only conclusions of law Mother so much as mentions in her brief, she fails
    to specifically challenge any of the juvenile court’s conclusions. The failure to
    challenge the juvenile court’s legal conclusions results in the waiver of any
    argument as to the sufficiency of such findings. 
    A.D.S., 987 N.E.2d at 1156
    n.4.
    Therefore, to the extent Mother challenges the sufficiency of the juvenile court’s
    findings of fact, she has also waived these arguments for failure to advance a
    cogent argument. 
    Id. [18] Given
    our preference for resolving a case on its merits, we will nevertheless
    endeavor to address Mother’s arguments—at least to the extent they can be
    understood. Mother challenges ten of the juvenile court’s findings of fact,
    alleging the findings are “nothing but a recitation of the evidence[,]” and that
    the underlying order “lacks the specificity, the precision, and the direction
    necessary for this Court to ensure that DCS has proven each element by clear
    and convincing evidence.” Br. of Appellant at 12-13.
    [19]   “A court or an administrative agency does not find something to be a fact by
    merely reciting that a witness testified to X, Y, or Z.” S.L. v. Indiana Dep’t of
    Child Servs., 
    997 N.E.2d 1114
    , 1122 (Ind. Ct. App. 2013). Instead, “a finding of
    fact must indicate, not what someone said is true, but what is determined to be
    true, for that is the trier of fact’s duty.” 
    Id. “The trier
    of fact must adopt the
    testimony of the witness before the ‘finding’ may be considered a finding of
    fact.” 
    Id. [20] Specifically,
    Mother argues:
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-301 | December 20, 2018   Page 13 of 19
    For example, in its Finding 12, the Trial Court notes that
    “Mother’s substance abuse condition began to deteriorate during
    her work with Therapist Terry in late spring, 2017.”
    Br. of Appellant at 12 (citing Appellant’s App., Vol. 2 at 36, ¶ 12). Mother
    never explains what, exactly, this is an “example” of, but it appears from the
    context of her argument that she is arguing the finding is an example of the
    juvenile court merely reciting testimony without making a finding. 
    Id. Because Finding
    12 indicates what the juvenile court determined to be true, however, it
    is not merely a recitation of testimony and we do not view it as such.
    [21]   Next, Mother contends “Findings 15-17 are basically a recap of FCM Sarah
    Santoro’s testimony.” Br. of Appellant at 12. These findings state:
    15.      Family Case Manager Sarah Santoro/Instability Family
    Case Manager Sarah Santoro (hereafter “FCM Santoro”)
    was assigned to the Child’s case in May 2016. The Child
    was not returned to Mother during the period of the
    CHINS case because of Mother’s non-compliance with
    services and safety issues for the Child. Mother did not
    demonstrate sobriety or emotional stability necessary to
    the Child’s safety. Mother disagreed with her mental
    health treatment. Mother did not want to participate in
    Dialectical Behavior Treatment (DBT) and attended only
    a few sessions. Mother lacked motivation in mental health
    treatment and to implement change in her daily life.
    Mother exhibited the emotional instability in the
    December 2016 screaming incident (see Finding 6) with
    the Child present and in a Family and Team Case
    Management Meeting in which she escalated
    inappropriately in April or May 2017. Mother
    obtaining/maintaining mental stability would help her
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-301 | December 20, 2018   Page 14 of 19
    obtain sobriety. Mother’s relationship with her wife was
    unstable. Mother’s housing was unstable, given the
    history of near evictions and Mother’s departure to
    Michigan.
    16.      Failure to Supervise. FCM Santoro addressed the issue
    with Mother of the Child being found unsupervised
    outside of the home at age 2 or 3. Mother believed a lock
    would fix the problem. Mother did not understand that
    the lock was not the extent of the problem and didn’t seem
    to appreciate the need for close supervision. Mother
    indicated the problem was the nanny. Mother did not
    express a plan for a better caregiver. The judgment of
    CHINS was based, in part, on the Child being found
    outside of the home on 3 separate occasions.
    17.      Illegal Drug Use/Mother’s Flight to Michigan to Avoid
    Warrant/Abandonment of Child. FCM Santoro assessed
    that Mother did not successfully treat Mother’s drug use
    that caused, in part, the CHINS case. Mother was
    observed impaired on April 24, 2016 when the Child was
    found unsupervised outside of Mother’s home and was
    taken into protective care. Mother tested positive for
    Cocaine and then Methamphetamine in May and June
    2016 within about 2 months of the removal of the Child
    from Mother’s care. Mother was offered a drug
    assessment, Recovery Coaching, therapy, and random
    drug screens. Mother did participate in a Mapping
    Program, Recovery Coaching and therapy. Mother had
    periods of sobriety but did not maintain. Between
    December 2016 and February 2017 Mother showed up for
    only half of her drug screens. Mother admitted using
    Methamphetamine in February 2017. Mother did not
    screen positive for illegal drugs for a period of time after
    that but did screen positive for alcohol 3 times. Alcohol
    use is considered a relapse for addiction. Mother was
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-301 | December 20, 2018   Page 15 of 19
    utilizing services in May 2017; however from the end of
    May through July 2017, Mother did not participate in drug
    screens or services. At the end of May 2017, Mother’s
    wife notified DCS that Mother was arrested in Marion
    County for possession of Methamphetamine. Mother was
    charged on June 10, 2017 in Marion County for unlawful
    possession of a syringe, possession of Methamphetamine,
    Possession of Paraphernalia in cause number 49G25-F6-
    021560. Exhibit 10. Mother did not appear for a hearing
    in that cause and a warrant was issued for her arrest on
    June 13, 2017. FCM Santoro spoke to Mother and told
    her to turn herself in on the active warrant. Mother did
    not do so. The number of Mother’s visits were reduced
    because the Child was having difficulty at Head Start and
    exhibiting aggression with other children after visits.
    Mother’s last visit with the Child was in June, 2017. At
    some point in June 2017, Mother left Indiana to avoid the
    warrant and Mother stayed in Michigan where she has
    family. Mother contacted DCS a few weeks before this
    hearing to advice [sic] of her location in Michigan where
    documents in her cases could be sent to her. Mother
    inquired about services in Michigan but did not ask for
    DCS help. Mother was manipulative with the case
    manager and the phone call was not productive.
    Appellant’s App., Vol. 2 at 37-39.
    [22]   There is no question that Findings 15-17 heavily rely on the testimony of
    Santoro, but the findings also clearly indicate what the juvenile court
    determined to be true. And, so long as findings indicate a determination, we
    will not set them aside unless the record contains no facts to support them
    either directly or by inference. 
    Yanoff, 688 N.E.2d at 1262
    . Santoro’s testimony
    clearly supports these findings and they are therefore proper.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-301 | December 20, 2018   Page 16 of 19
    [23]   Finally, Mother argues “Findings 18-24 merely discuss and quote witnesses
    without adopting the testimony or making a finding of fact.” Br. of Appellant
    at 12. These findings state:
    18.      CASA Mavis Anderson. Mavis Anderson is the Court
    Appointed Special Advocate (CASA) for the Child.
    CASA Anderson was employed as a licensed clinical
    social worker for 30 years, working primarily in hospitals.
    She is now retired. The CASA spent about 100 hours
    working on this case.
    19.      The CASA’s observations of Mother and Child were that
    Mother was normally affectionate and appropriate with
    the Child, although she could be emotional and increased
    emotionalism from Mother was not good for the Child.
    The CASA observed a visit of Mother and Child at the
    park in which Mother got very angry at the CASA in the
    presence of the Child. Mother was loud and the Child was
    clearly upset.
    20.      The CASA believes that Mother’s relationship with her
    wife is unstable. Mother was at the Wheeler Mission
    because of reported domestic violence with her wife.
    Mother told CASA she wanted to return to go home to
    reconnect with her wife.
    21.      It is the opinion of the CASA that termination of Mother’s
    parental rights is in the best interest of the Child because
    Mother cannot provide a safe home for the child because
    of her drug use and mental health issues. The CASA
    opined that DCS services have been appropriate to meet
    Mother’s needs, but Mother has made no progress.
    Mother gets upset unless you tell her what she wants to
    hear and Mother doesn’t want to be confronted. The
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-301 | December 20, 2018   Page 17 of 19
    CASA opined that Mother has not been able to “get off of
    drugs”, she lacks mental health stability, and she lacks a
    stable support system.
    22.      Child. When the Child went into foster care 15 months
    ago she was developmentally delayed and exhibited
    behavioral problems. The Child has been in the same
    foster home with Mr. and Mrs. Samuels for the entire 15-
    month period. The foster parents attended Nurturing
    Heart Programming to deal with the Child’s behavioral
    issues. The Child also received therapy to address her
    behavioral issues. The Child’s behavior has improved
    while in foster care. The Child is bonded to the foster
    parents and to the other siblings in the foster home. The
    foster parents are willing to adopt the Child if she is free
    for adoption.
    23.      The CASA observed and opined that the Child’s speech is
    improving, she is progressing in school (Head Start), she is
    more confident and happy, and she is bonded to the foster
    parents.
    24.      The Child’s Head Start teacher Beth Harris observed that
    the Child was quiet, “behind” and lacked verbal and
    academic skills when she began Head Start after removal
    from Mother; however, she is now an outgoing, happy,
    child capable of interacting with adults and other children.
    The Child’s language, math and social emotionality skills
    jumped 2 points in the last quarter.
    Appellant’s App., Vol. 2 at 39-40.
    [24]   With the exceptions of Findings 18 and 22, which clearly state the juvenile
    court’s determination of fact, the remaining findings do, at least to some degree,
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-301 | December 20, 2018   Page 18 of 19
    recite the testimony of witness. Nevertheless, we have explained that a juvenile
    court does not err with references to evidence in its factual findings so long as
    the findings also contain “thoughtful findings that flow from the evidence.”
    
    S.L., 997 N.E.2d at 1122
    . That is the case here. All but ten of the findings are
    left unchallenged and are thus accepted as true. McMaster v. McMaster, 
    681 N.E.2d 744
    , 747 (Ind. Ct. App. 1997) (explaining that unchallenged trial court
    findings were accepted as true). Furthermore, the juvenile court’s conclusions
    of law regarding subsections (i) and (ii) of Indiana Code section 31-35-2-4(b)(2),
    see Appellant’s App., Vol. 2 at 41-42, ¶¶ 27-28, include additional findings
    which reflect the court’s determinations of fact.
    [25]   In sum, although the termination order could have been more specific, because
    the juvenile court clearly identifies the reasons for terminating Mother’s
    parental rights, we find no error.
    Conclusion
    [26]   Concluding the juvenile court did not abuse its discretion in denying Mother’s
    motion for a continuance and the findings were sufficient to support the
    involuntary termination of Mother’s rights, we affirm.
    [27]   Affirmed.
    Riley, J., and Kirsch, J., concur.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-301 | December 20, 2018   Page 19 of 19