In the Matter of the Termination of the Parent-Child Relationship of C.D. & J.D. (Children) and N.D. (Mother) N.D. (Mother) v. The Indiana Department of Child Services (mem. dec.) ( 2017 )


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  • MEMORANDUM DECISION
    Pursuant to Ind. Appellate Rule 65(D),
    this Memorandum Decision shall not be
    regarded as precedent or cited before any                                FILED
    court except for the purpose of establishing                         Apr 28 2017, 8:52 am
    the defense of res judicata, collateral                                  CLERK
    estoppel, or the law of the case.                                    Indiana Supreme Court
    Court of Appeals
    and Tax Court
    ATTORNEY FOR APPELLANT                                    ATTORNEYS FOR APPELLEE
    Amy Karozos                                               Curtis T. Hill, Jr.
    Greenwood, Indiana                                        Attorney General of Indiana
    Robert J. Henke
    Abigail R. Recker
    Deputy Attorneys General
    Indianapolis, Indiana
    IN THE
    COURT OF APPEALS OF INDIANA
    In the Matter of the Termination                          April 28, 2017
    of the Parent-Child Relationship                          Court of Appeals Case No.
    of C.D. & J.D. (Children) and                             49A02-1611-JT-2466
    N.D. (Mother);                                            Appeal from the Marion Superior
    Court
    N.D. (Mother),                                            The Honorable Marilyn Moores,
    Appellant-Respondent,                                     Judge
    The Honorable Larry Bradley,
    v.                                                Magistrate
    Trial Court Cause No.
    The Indiana Department of                                 49D09-1605-JT-480
    Child Services,                                           49D09-1605-JT-481
    Appellee-Petitioner
    Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017        Page 1 of 19
    May, Judge.
    [1]   N.D. (“Mother”) appeals the termination of her parental rights to C.D. and
    J.D. (collectively, “Children”). She argues the evidence was insufficient to
    support termination. We affirm.
    Facts and Procedural History
    [2]   C.D. was born to Mother and E.B. 1 on January 21, 2014. Mother is diagnosed
    with schizophrenia and Post-Traumatic Stress Disorder (“PTSD”). In August
    2014, Mother took C.D. to Riley Children’s Hospital because C.D. had a mark
    under his eye. 2 The Department of Child Services (“DCS”) received a report on
    August 17, 2014, concerning Mother’s ability to care for C.D., alleging Mother
    was homeless and was not taking medication for her mental health diagnoses.
    [3]   On August 18, 2014, Family Case Manager (“FCM”) Peter McCoskey
    completed an initial assessment of Mother and C.D. McCoskey spoke with
    Mother, a social worker at Riley Hospital, and a case manager from the shelter
    at which Mother had been staying. McCoskey learned Mother lost her bed at
    the shelter when she took C.D. to the hospital and “had no place to go,” (Tr. at
    40), because she did not make it back to the shelter before the cut-off time.
    1
    The alleged father of C.D. is E.B., who is believed to be deceased.
    2
    The record does not indicate how the “mark” under C.D.’s eye originated. (Tr. at 41.)
    Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017       Page 2 of 19
    Mother also informed McCoskey she had stopped attending her mental health
    treatment sessions at the beginning of August.
    [4]   That same day, DCS removed C.D. from Mother’s care on an emergency basis
    and placed C.D. in foster care. Later that day, the juvenile court held an initial
    hearing on C.D.’s removal. The court found C.D. was “seriously endangered,”
    (Ex. 2), and it was in C.D.’s best interests to be removed from Mother’s care.
    The court granted DCS temporary wardship of C.D. and granted DCS
    permission to file a petition alleging C.D. was a Child in Need of Services
    (“CHINS”). The court appointed a Guardian Ad Litem (“GAL”) for C.D.
    DCS filed its petition alleging C.D. was a CHINS under Cause Number 49D09-
    1408-JC-1764 (“Cause No. 1764”).
    [5]   On October 21, 2014, the court held a fact-finding hearing on DCS’s CHINS
    petition. Mother’s counsel, DCS’s counsel, C.D.’s GAL, C.D.’s maternal
    grandmother (“Grandmother”), 3 and Grandmother’s counsel appeared.
    Grandmother requested C.D. be placed in her care. Mother failed to appear,
    but Mother’s attorney stated Mother objected to C.D.’s placement with
    Grandmother, and counsel requested a continuance. The court granted the
    continuance and ordered DCS to investigate placing C.D. with Grandmother.
    3
    We note the record refers to “grandparents” and “grandmother” interchangeably. Based on context in the
    record, we infer the trial court’s reference to “grandparents” is to Grandmother and her boyfriend. For
    clarity, we refer only to “Grandmother” in this opinion.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017        Page 3 of 19
    [6]   On October 28, 2014, the court held the continued fact-finding hearing and
    adjudicated C.D. a CHINS. Mother appeared and objected to C.D.’s
    placement with Grandmother, alleging “she ha[d] safety issues” with
    Grandmother. (Ex. 9.) The court ordered C.D. remain in his foster care
    placement and not be placed with Grandmother. The court also entered a
    parental participation order requiring Mother to engage in a homebased
    counseling program, all family members actively participate in the homebased
    counseling, and Mother meet all personal medical and mental health needs in a
    timely and complete manner. Specifically, the court ordered Mother to follow
    all directions of her nurses and doctors, attend all appointments, and properly
    take all medications prescribed to her. The court authorized Mother to have
    more parenting time pending recommendations from service providers.
    [7]   In November 2014, Mother obtained an apartment of her own with support
    from Midtown Community Mental Health Center. On December 19, 2014,
    Mother filed a motion requesting C.D. be placed in Grandmother’s care. The
    court set a hearing on Mother’s motion for January 20, 2015. At the January
    20 hearing, Mother withdrew her request and indicated she no longer wished to
    have C.D. placed with Grandmother. The court ordered C.D.’s placement in
    foster care continue.
    [8]   On February 17, 2015, the court held a periodic review hearing. Mother and
    her attorney requested DCS refer a new homebased provider because Mother
    was having conflicts with her current homebased provider. The court ordered
    DCS to make a new referral for Mother’s homebased provider and to continue
    Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017   Page 4 of 19
    supervised parenting time. The court further ordered DCS to make referrals for
    services for Mother’s boyfriend, J.M. (“Boyfriend”), if he was willing to
    participate.
    [9]    On May 19, 2015, Mother filed a motion to have C.D. placed with
    Grandmother. On May 26, 2015, the court held a periodic review hearing. At
    the hearing, Mother reaffirmed her request for C.D. to be placed with
    Grandmother. The court ordered for C.D.’s continued placement in his current
    foster care, but authorized C.D.’s “transition into [Grandmother’s] home
    pending positive recommendations” by service providers. (Ex. 14.)
    [10]   On July 31, 2015, Mother gave birth to J.D. 4 When J.D. was born, Mother had
    not completed any services required by the court for C.D. to return to her care
    under Cause No. 1764. Mother also was not successfully engaging in visitation
    services. Thus, on August 5, 2015, DCS removed J.D. from Mother’s care and
    placed him in foster care, citing Mother’s inability, refusal, and neglect. That
    same day, the court held a hearing on J.D.’s removal. The court granted DCS
    permission to file a CHINS petition, granted DCS temporary wardship of J.D.,
    and appointed a GAL for J.D. DCS filed its petition alleging J.D. was a
    CHINS under Cause Number 49D01-1508-JC-2371 (“Cause No. 2371”).
    4
    Boyfriend is the alleged father of J.D., but the record does not indicate his paternity was ever established.
    As he was never made a party to these proceedings involving J.D., Boyfriend is not part of this appeal.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017               Page 5 of 19
    [11]   On August 11, 2015, the court held a permanency hearing for C.D. under
    Cause No. 1764. The court noted Mother had not seen C.D. since December
    2014 and Mother previously had indicated “she did not want [C.D.]” (Ex. 20.)
    DCS nevertheless recommended the plan for C.D. remain reunification, “not
    because of any progress that Mother ha[d] made,” but so J.D. and C.D. would
    “be on a similar ‘track.’” (Id.) The court noted “Mother [had] shown some
    renewed motivation” since J.D. was born, (id.), and ordered the permanency
    plan remain reunification.
    [12]   On September 28, 2015, Mother filed a motion to have J.D. placed with
    Grandmother. On September 29, 2015, the court held a dispositional hearing
    for J.D. The court adjudicated J.D. a CHINS and ordered for him to remain in
    his current foster care placement. The court denied Mother’s request to have
    J.D. placed with Grandmother because of allegations Mother had made to DCS
    about Grandmother sexually abusing C.D., 5 but it authorized Grandmother to
    have supervised visitation with J.D. The court also entered a parental
    participation decree ordering Mother and Boyfriend to engage in homebased
    therapy, homebased case management, and domestic violence services. The
    court further ordered Mother to complete a psychological evaluation.
    5
    Mother made numerous allegations of abuse against Grandmother throughout this CHINS case. None of
    the allegations were substantiated. At the termination hearing, Mother testified her allegations were not true
    and she made up allegations about Grandmother “to get back at [Grandmother]” because she thought
    Grandmother “was against [her].” (Tr. at 20.)
    Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017             Page 6 of 19
    [13]   On November 4, 2015, DCS filed a motion to suspend all visitation between
    Grandmother and Children based on Mother’s continued allegations of abuse
    by Grandmother. On November 12, 2015, the court suspended visitation
    between Children and Grandmother.
    [14]   On December 1, 2015, the court held a periodic review hearing for both
    Children. Children were in foster care. Mother’s counsel indicated Mother
    was attending domestic violence classes and counseling. Mother again noted
    her “concerns with [Children] being placed with [Grandmother],” citing a
    “previous molest.” (Ex. 27.) The court continued Children in their foster care
    placement and continued the suspension of visitation between Children and
    Grandmother. The permanency plan remained reunification.
    [15]   On March 15, 2016, the court held a review hearing. Mother’s counsel reported
    Mother “felt she was [not] getting anywhere” with her homebased service
    providers, and counsel requested Mother be provided a new case manager.
    (Ex. 28.) Mother requested “[J.D.] be placed with her and [C.D.] be placed
    with [Grandmother],” but that if J.D. could not be placed with Mother, Mother
    requested J.D. also be placed with Grandmother. (Id.) The court denied
    Mother’s requests and ordered Children remain in foster care. The court
    ordered parties to meet and discuss permanency issues, and it scheduled a
    permanency hearing for April 19, 2016.
    [16]   Mother appeared for that permanency hearing, but Boyfriend failed to appear.
    The court made the following findings:
    Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017   Page 7 of 19
    1) This matter has been open since August of 2014 for [C.D.]
    and August of 2015 for [J.D.] and no service provider has
    recommended that these children be placed into the care of
    Mother or [Boyfriend].
    2) Mother has not completed her homebased case
    management and has not been adequately addressing her
    mental health needs.
    3) Mother last visited with the children on January 8, 2016
    despite being offered multiple options.
    4) [Boyfriend] is not participating in any services and his
    current whereabouts are unknown.
    5) Neither parent has fully enhanced their ability to parent
    and while some progress has been made to achieve a
    successful reunification, it is not sufficient enough to merit
    keeping the plan reunification.
    6) The children are in foster care and that care provider is
    willing to adopt.
    7) The best interests of these children require a change in
    plan to adoption.
    (Ex. 29.) The court further found DCS made “extensive efforts” to provide
    Mother and Boyfriend with services to assist them in addressing their issues,
    (id.), but Mother and Boyfriend failed to meaningfully engage with any service
    provider or address their issues “in any manner” to act in Children’s best
    interests. (Id.) The court changed the permanency plan for Children to
    Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017   Page 8 of 19
    adoption. The court scheduled a permanency review hearing for August 9,
    2016.
    [17]   In May 2016, Mother moved in with Grandmother, and she continued living
    there for the remainder of the case. On May 12, 2016, DCS filed its petition to
    terminate Mother’s parental rights. On September 28, 2016, the trial court held
    a termination hearing. The court heard thorough testimony from Mother,
    Grandmother, FCM McCoskey, FCM Elizabeth Benitez, FCM Jennifer Hart,
    FCM Jen Blevins, FCM Joycelynn Harrell, and Children’s GAL. On October
    5, 2016, the trial court terminated Mother’s parental rights to Children.
    Discussion and Decision
    [18]   “The Fourteenth Amendment to the United States Constitution protects the
    traditional right of parents to establish a home and raise their children.” In re
    G.Y., 
    904 N.E.2d 1257
    , 1259 (Ind. 2009), reh’g denied. To terminate a parent’s
    rights, the State must file a petition in accordance with Indiana Code Section
    31-35-2-4 and then prove the allegations therein by clear and convincing
    evidence. 
    Id. at 1260-61.
    If the court finds the allegations in the petition are
    true, it must terminate the parent-child relationship. Ind. Code § 31-35-2-8; In
    re N.G., 
    51 N.E.3d 1167
    , 1170 (Ind. 2016).
    [19]   A petition to terminate the parent-child relationship must allege:
    (A) that one (1) of the following is true:
    Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017   Page 9 of 19
    (i)     The child has been removed from the parent for at least six
    (6) months under a dispositional decree.
    (ii)    A 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;
    (B) 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.
    (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.
    Ind. Code § 31-35-2-4(b)(2). The trial court must enter findings of fact to
    support each of its conclusions as to those allegations. Ind. Code § 31-35-2-8(c).
    [20]   We review termination of parental rights with great deference. In re K.S., D.S.,
    & B.G., 
    750 N.E.2d 832
    , 836 (Ind. Ct. App. 2001). We will not reweigh
    Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017   Page 10 of 19
    evidence or judge credibility of witnesses. In re D.D., 
    804 N.E.2d 258
    , 265 (Ind.
    Ct. App. 2004), trans. denied. Instead, we consider only the evidence and
    reasonable inferences most favorable to the judgment. 
    Id. We apply
    a two-
    tiered standard of review: we determine first whether the evidence clearly and
    convincingly supports the findings, and second whether the findings clearly and
    convincingly support the conclusions. In re E.M., 
    4 N.E.3d 636
    , 642 (Ind.
    2014). However, where a party challenges the judgment but does not challenge
    the findings of fact as unsupported by the evidence, we look only to the findings
    to determine whether they support the judgment. Smith v. Miller Builders, Inc.,
    
    741 N.E.2d 731
    , 734 (Ind. Ct. App. 2000). We will set aside a judgment
    terminating a parent’s rights only if it is clearly erroneous. In re L.S., 
    717 N.E.2d 204
    , 208 (Ind. Ct. App. 1999), reh’g denied, trans. denied, cert. denied 
    534 U.S. 1161
    (2002).
    [21]   Mother challenges the court’s conclusion under subsection (B) that there was a
    reasonable probability the continuation of the parent-child relationship poses a
    threat to the well-being of the child. 6 In concluding continuation of the parent-
    6
    In her Reply Brief, Mother argues she “[does] not concede the sufficiency of any of the other required
    elements” in her Appellant’s Brief, but merely “raised her strongest arguments[.]” (Appellant’s Reply Br. at
    5.) However, Mother fails to make any specific arguments challenging the trial court’s conclusions the
    Children had been removed from Mother’s care for the requisite time period under subsection (A),
    termination is in the best interests of Children under subsection (C), or there was a satisfactory plan for care
    and treatment of the Children under subsection (D). Therefore, to the extent Mother challenges the
    sufficiency of the trial court’s conclusions under subsections (A), (C), or (D), we hold she waived these
    arguments on appeal because she failed to support them with a cogent argument. See In re A.D.S. v. Ind. Dep’t
    of Child Servs., 
    987 N.E.2d 1150
    , 1156 n.4 (Ind. Ct. App. 2013) (finding elements of Ind. Code § 31-35-2-
    4(b)(2) waived where appellant failed to make cogent argument), trans. denied.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017             Page 11 of 19
    child relationship posed a threat to Children’s well-being, the trial court stated
    “the children’s safety would be questionable if placed with their mother due to
    lack of interest, lack of parenting skills, and failure to adequately address
    domestic violence issues.” (App. Vol. II at 26.) In support of this conclusion,
    the court made the following findings:
    14. The parenting time referral could be up to ten hours per
    week. When she does participate in visits, [Mother] has limited
    the time to two hours or less.
    15. Although she has repeatedly been offered more parenting
    time and chances to make up missed visits, [Mother] has
    responded that more than two hours is too much and the IDCS
    should be able to tell in two hours whether she can parent.
    16. [Mother] has only attended twelve visits with her children
    during the 2016 calendar year. She has told her parenting time
    supervisor that she has other things to do and has important
    appointments. She has missed visits, or left early, to watch a
    television show.
    17. [Mother] was not open to suggestions or direction during
    parenting time.
    *****
    19. [Mother] suffers from a diagnosis of [PTSD] and Paranoid
    Schizophrenia. She appears to be taking her medications but has
    admitted to the family case manager and at a team meeting of
    going off and on them during the CHINS case. She is to receive
    therapy and medication through Midtown Mental Health but
    Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017   Page 12 of 19
    [Mother] has retracted her consent to release of information to
    verify compliance. She refused another type of therapy referral.
    20. [Mother] admitted on multiple occasions that there was
    domestic violence in her home and parenting time was moved
    from in-home to an agency due to safety concerns.
    21. A domestic violence referral was made three times.
    [Mother] commenced a twenty-six week program twice but did
    not complete one.
    *****
    23. At the time of trial in this matter, [Mother] was residing with
    her mother and her mother’s boyfriend in a two-bedroom home.
    She had an apartment on her own from November of 2014 to
    May of 2016.
    24. [Grandmother] would be some support but there are
    concerns regarding the unstable relationship between [Mother]
    and [Grandmother]. Throughout the CHINS case [Mother] has
    gone back and forth on having the children placed with her
    mother and the granting of Grandmother visitation.
    (Id.)
    [22]   These findings are supported by the evidence. Benitez, who was Mother’s visit
    supervisor from August 2014 through October 2014, testified she and Mother
    “didn’t make any progress” in their time together. (Tr. at 44.) As a result of
    Mother’s frequent cancellations and no-shows, Benitez was forced to close her
    case with Mother in October 2014.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017   Page 13 of 19
    [23]   FCM Harrell, who was assigned to this case in September 2015, also testified
    regarding Mother’s failure to make progress in parental visits. Harrell testified
    Mother was allowed eight to ten hours of parenting time a week and could
    “split that eight to ten hours up however she want[ed].” (Id. at 62.) However,
    Harrell testified Mother “visit[ed] once a week when she [did] not cancel,” (id.),
    and then only for “about two hours.” (Id.) Harrell indicated Mother gave
    various excuses for canceling, including on a couple of occasions, wanting to
    watch her “favorite show” instead of visiting. (Id.)
    [24]   Harrell also indicated Mother became upset at parenting visits when Harrell
    gave Mother suggestions on parenting, and Mother would often “end the visit.”
    (Id. at 62-63.) Mother had even preemptively canceled parenting visits on the
    basis “she didn’t want to get into an argument with [Harrell].” (Id. at 63.)
    Other reasons Mother had given for cancelling include needing to take care of
    Grandmother because she is “older,” (id.), being “tired from taking her
    medication,” (id.), and having other “important appointments.” (Id.) Harrell
    further testified Mother was “distracted at times during the visits” in contrast to
    Children, who were very active. (Id. at 67.) In total, Harrell testified Mother
    attended only twelve visits with Children in 2016. Harrell opined she would
    “want to see that [Mother] is able to have longer visit times with [Children] and
    be able to manage [Children] the entire visit without [Harrell] having to
    intervene” before Children could return to Mother’s care. (Id. at 77.)
    [25]   The court’s finding of safety concerns are further supported by FCM Blevins’
    testimony. Blevins, like Harrell, testified Mother “was having problems making
    Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017   Page 14 of 19
    it to the assigned visitation times at the same time every week and seemed to
    always have an urgent issue pop up in the two hours per week or less that she
    visited.” (Id. at 81.) Mother admitted to Blevins she was “off and on her
    medication” for her PTSD and schizophrenia, (id. at 82), and Mother admitted
    to Blevins that domestic violence occurred with Boyfriend. Blevins stated on
    one occasion, she heard what sounded like domestic violence occurring on a
    voicemail Mother left Blevins. Blevins described the voicemail containing
    “screaming and saying no,” (id.), “banging,” (id.), and “some kind of physical
    altercation.” (Id.) The trial court noted that, while Mother was referred to
    domestic violence programs, she never completed any.
    [26]   Blevins testified “[Mother] has never progressed enough with her supervised
    parenting time to go to unsupervised parenting time. She’s actually probably
    regressed a little bit.” (Id. at 83.) Blevins indicated Mother regressed because
    “she’s gone backwards in the amount of time that she spends with the children
    and with her interaction with the children.” (Id.) Blevins further indicated she,
    the Children’s GAL, and Harrell met with Mother at one point “to talk her into
    [participating in] more parenting time[,]” but Mother “maintained that [they]
    should be able to tell if she was a good parent within that two hours” she was
    already attending, and “anything more than two hours [was] too much for her.”
    (Id.) Blevins described Mother as being “erratic and more emotional” when she
    was off her medication. (Id. at 84.) Ultimately, Blevins asked the court to
    terminate the parent-child relationship between Mother and Children because
    she “[did not] feel that [Mother] can parent the children.” (Id. at 85.)
    Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017   Page 15 of 19
    [27]   As the trial court found, the evidence indicates returning to Mother’s care
    would pose grave concerns for Children’s safety and well-being. Indeed, if
    Children were placed back into Mother’s care, they would be living in
    Grandmother’s home with Mother, Grandmother, and Grandmother’s
    boyfriend. Blevins specifically indicated she was concerned Mother “would
    continue to engage in domestic violence, would continue to have instability
    with her mental health, and continue to have instability with her relationship
    with [Grandmother].” (Id.) Blevins testified she did not believe it was safe for
    Children to be living with Mother in Grandmother’s home given the allegations
    Mother had made on several occasions regarding Grandmother molesting her
    and C.D. Blevins noted how Mother had been inconsistent with her allegations
    against Grandmother, changing her story “every couple of months for the
    duration of the case.” (Id. at 86.) Blevins noted Mother’s allegation that
    Grandmother molested Mother and C.D., followed by Mother’s statement she
    “forgave her mother for doing that and then she wanted [Children] placed with
    [Grandmother],” then Mother’s statement that “nothing happened and she
    lied” about the whole thing. (Id.)
    [28]   We note that, at the termination hearing, Mother testified her allegations
    against Grandmother were not true and she made up the allegations “to get
    back at” Grandmother because she thought Grandmother “was against her.”
    (Id. at 20.) The record does not reflect the trial court’s conclusion as to the
    veracity of Mother’s allegations, and we will not endeavor to judge Mother’s
    credibility. See In re D.J. v. Indiana Dep’t of Child Servs., 
    68 N.E.3d 574
    , 577-78
    Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017   Page 16 of 19
    (Ind. 2017) (appellate court does not reweigh evidence or judge witness
    credibility). However, as the trial court found, one thing is patently clear from
    the record: Mother has a seriously unstable relationship with Grandmother. In
    addition to her inconsistent allegations of abuse against Grandmother, Mother
    repeatedly filed and withdrew motions to have Children placed with
    Grandmother throughout the case. In light of the clear pattern of instability,
    the trial court was warranted in concluding returning to Mother’s care would
    pose serious safety concerns for Children.
    [29]   Mother’s argument the trial court’s conclusion “is not supported by the
    evidence or findings,” (Appellant’s Br. at 20), is without merit. Mother asserts
    “DCS did not present evidence that showed a lack of parenting skills,” (id.),
    pointing to testimony from DCS family case managers that she “demonstrate[d]
    basic parenting knowledge,” (Tr. at 44), “appropriately discipline[d] or
    redirect[ed] [Children] when necessary,” (id. at 56), and was “nurturing.” (Id.
    at 69.)
    [30]   However, where Mother cites DCS’s testimony discussing Mother’s positive
    attributes, she omits accompanying DCS testimony regarding her failure to
    make progress. For example, Benitez’s testimony, when read as a whole, states
    Mother “was able to demonstrate basic knowledge, um and uh [sic] she did
    some bonding activities. But visits were infrequent due to a lot of cancellations
    and no shows.” (Id. at 44.) Additionally, while Hart testified she observed
    Mother “appropriately discipline and redirect” Children, Hart also discussed
    having to move parenting visitations from Mother’s home to the DCS offices
    Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017   Page 17 of 19
    for Children’s safety because Mother reported verbal altercations with
    Boyfriend. Lastly, Harrell acknowledged “when [Mother] is there with
    [Children], she is nurturing with them,” but noted if she suggested anything to
    Mother, Mother would “become very upset” and end visits early. (Id. at 69-70.)
    In light of all these facts, the evidence supports the trial court’s findings, and
    those findings support the conclusion that Children’s safety would be at risk in
    Mother’s care and, thus, continuation of the parent-child relationship posed a
    threat to Children’s well-being. 7 See In re K.S., 
    750 N.E.2d 832
    , 838 (Ind. Ct.
    App. 2001) (holding evidence and findings clearly supported conclusion
    continuation of parent-child relationship posed a threat to children’s well-
    being).
    Conclusion
    [31]   Mother’s lack of parenting skills, lack of interest in improving those skills, and
    failure to address domestic violence issues are clearly supported by the record.
    The court did not err in concluding there was a reasonable probability
    continuation of the parent-child relationship posed a threat to Children under
    7
    Because our legislature wrote subsection (B) in the disjunctive, a trial court needs to find only one of the
    three requirements established by clear and convincing evidence before terminating parental rights. In re L.S.,
    
    717 N.E.2d 204
    , 209 (Ind. Ct. App. 1999), reh’g denied, trans. denied, cert. denied 
    534 U.S. 1161
    (2002).
    Nevertheless, we note the trial court found there was a reasonable probability both under subsection (B)(i) the
    conditions that resulted in Children’s removal or continued placement outside the home would not be
    remedied by Mother and under subsection (B)(ii) there was a reasonably probability the continuation of the
    parent-child relationship poses a threat to the well-being of Children. Mother challenges both conclusions.
    Because there is sufficient evidence continuation of the parent-child relationship poses a threat to the well-
    being of Children under (B)(ii), we need not address the court’s conclusion under (B)(i).
    Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017            Page 18 of 19
    Indiana Code Section 31-35-2-4(b)(2)(B)(ii). Accordingly, we affirm its decision
    to terminate Mother’s parental rights.
    [32]   Affirmed.
    Najam, J., and Bailey, J., concur.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1611-JT-2466 | April 28, 2017   Page 19 of 19