In the Matter of the Termination of the Parent-Child Relationship of: E.S. (Minor Child) and H.S. (Mother) v. The Indiana Department of Child Services (mem. dec.) ( 2019 )

MEMORANDUM DECISION
FILED
Pursuant to Ind. Appellate Rule 65(D), this
Memorandum Decision shall not be regarded as Nov 22 2019, 8:38 am
precedent or cited before any court except for the CLERK
purpose of establishing the defense of res judicata, Indiana Supreme Court
Court of Appeals
collateral estoppel, or the law of the case. and Tax Court
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Kyle D. Gobel Curtis T. Hill, Jr.
Collier Gobel Homann, LLC Attorney General of Indiana
Crawfordsville, Indiana
Katherine A. Cornelius
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
In the Matter of the Termination November 22, 2019
of the Parent–Child Relationship Court of Appeals Case No.
of: E.S. (Minor Child) 19A-JT-1063
and Appeal from the Warren Circuit
Court
H.S. (Mother),1
The Hon. Hunter Reece, Judge
Appellant-Respondent,
Trial Court Cause No.
86C01-1810-JT-58
v.
The Indiana Department of Child
Services,
Appellee-Petitioner.
1
The parental rights of the biological father of E.S. are not at issue in this appeal because he has voluntarily
relinquished his parental rights to her.
Court of Appeals of Indiana | Memorandum Decision 19A-JT-1063 | November 22, 2019 Page 1 of 18
Bradford, Judge.
Case Summary
[1] H.S. (“Mother”) gave birth to E.S. (“Child”) in September of 2016, and, in
August of 2017, brought her to an emergency room, near death. Child had
multiple drugs in her system and was on the brink of respiratory arrest when a
dose of Narcan was administered, saving her life. The Indiana Department of
Child Services (“DCS”) removed Child from Mother’s care and petitioned to
have her declared a child in need of services (“CHINS”), which petition was
granted. Over the next few months, Mother tested positive for myriad drugs,
failed to complete court-ordered services, and was charged with, inter alia, the
crimes of neglect of a dependent causing serious bodily injury and operating a
vehicle while intoxicated. In July of 2018, Mother was sentenced to a period of
incarceration, with her earliest possible release date in January of 2020. In
October of 2018, DCS petitioned to terminate Mother’s parental rights to Child.
In April of 2019, the juvenile court granted DCS’s petition. Mother contends
that the juvenile court’s termination of her parental rights to Child is clearly
erroneous. Because we disagree, we affirm.
Facts and Procedural History
[2] In mid-2016, while approximately seven months pregnant with Child, Mother
ended her romantic relationship with Father, later explaining that Father had
been incarcerated at the time and was therefore unavailable to parent. On
September 4, 2016, Child was born with multiple drugs in her system, and
Court of Appeals of Indiana | Memorandum Decision 19A-JT-1063 | November 22, 2019 Page 2 of 18
Mother tested positive for morphine and hydrocodone. DCS, however, did not
remove Child because it was unable to rule out the possibility that morphine
had been administered to Mother during the birth of the Child, and Mother had
a prescription for hydrocodone.
[3] On August 3, 2017, at 1:30 p.m. Child arrived at St. Vincent Hospital in
Williamsport. Child was lethargic to the point of being lifeless; had shallow,
agonal, breathing; and was cyanotic, i.e., her lips, face, legs, and arms were blue
in color. Dr. Hector Torres, the emergency-room physician on call, recognized
that Child was suffering an overdose of some sort and was on the verge of
respiratory arrest and death. When Child was within thirty to sixty seconds of
death, Dr. Torres and his team administered Narcan in a last-ditch attempt to
reverse the effects of whatever Child had ingested. The Narcan relieved Child’s
symptoms. Dr. Torres ordered Child transferred to Peyton Manning Children’s
Hospital in Indianapolis because she needed special respiratory care. As it
happened, Child tested positive for methamphetamines, opiates,
amphetamines, methadone, and tricyclic antidepressants.
[4] Dr. Torres spoke to Mother multiple times the day of Child’s incident and
found her answers to be vague. DCS Family Case Manager Joshua DeZarn
(“FCM DeZarn”) was present at the hospital to assess the allegations of neglect
and found Mother’s behavior to be very erratic. Mother would alternate
between being calm, crying hysterically, and screaming in anger. Mother told
FCM DeZarn that she had gone to the kitchen to get Child a bottle and when
she came back Child had something in her mouth. Mother claimed to have
Court of Appeals of Indiana | Memorandum Decision 19A-JT-1063 | November 22, 2019 Page 3 of 18
fished the pill out of Child’s mouth and insisted Child had not swallowed
anything. Mother eventually told FCM DeZarn that there may have been
methadone in her pill-keeper. Later still, Mother admitted there also may have
been hydrocodone in her purse from an expired prescription.
[5] Williamsport Deputy Town Marshal Sean Briles came to the hospital to assist
DCS. Mother consented to a search of her home to determine how Child found
drugs. Deputy Briles told Mother to stay out of the home until he arrived, but
when he arrived at the home, Mother was walking out the front door. Deputy
Briles did not bother to search the home because he assumed Mother had
already destroyed anything in the home that might have been incriminating.
[6] On August 4, 2017, DCS filed a petition to have Child adjudicated a CHINS.
On August 10, 2017, Mother submitted to a drug screen and tested positive for
amphetamines, methamphetamines, hydrocodone, and oxycodone. Mother
also admitted she was using methadone to self-medicate herself because she was
addicted to hydrocodone and suggested that Child’s exposure to methadone
might have come from her friend T.P.’s home surroundings and not from her
methadone pills. On August 28, 2017, Mother was charged with neglect of a
dependent causing serious bodily injury and possession of a controlled
substance.
[7] On September 20, 2017, the juvenile court found Child to be a CHINS. On
October 25, 2017, the juvenile court appointed Jenna Beckett as Child’s special
advocate (“CASA Beckett”). On November 21, 2017, the juvenile court issued
a dispositional order in which it ordered Mother to complete several services,
Court of Appeals of Indiana | Memorandum Decision 19A-JT-1063 | November 22, 2019 Page 4 of 18
including individual counseling, a parenting assessment, substance abuse
assessment, random drug screens, a psychological evaluation, and supervised
visitation. Between October 5, 2017, and the end of the year, Mother tested
positive for amphetamine five times, methamphetamine twice, and THC once.
Between January 5 and 17, 2018, Mother submitted to five drug screens, all of
which were positive for methamphetamine and amphetamine. The screens also
indicated the use of Xanax, oxazepam, methadone, hydrocodone,
hydromorphone, noroxycodone, oxycodone, oxymorphone, THC, and
clonazepam.
[8] FCM Lindsey Winger received Mother’s case from FCM DeZarn in August of
2017 and worked with Mother until May 23, 2018. FCM Winger referred
Mother to a substance abuse assessment, an intensive outpatient program for
substance abuse, home-based case management, supervised visits, a
psychological examination, and individual therapy. Mother did not
immediately attend the substance-abuse assessment. Once completed, the
assessment recommended Mother complete an intensive outpatient program for
substance abuse, and it was referred. Mother failed to appear or came late to
the treatment sessions and was discharged for non-compliance. Mother also
refused to submit to several drug screens and denied that she used
methamphetamine.
[9] On January 21, 2018, Mother was arrested for operating a vehicle while
intoxicated with a prior conviction and illegal possession of paraphernalia. As
a condition of pre-trial release on these charges, Mother participated in drug
Court of Appeals of Indiana | Memorandum Decision 19A-JT-1063 | November 22, 2019 Page 5 of 18
treatment at Home with Hope, a residential treatment facility, from March to
May of 2018. In March of 2018, Mother submitted to a psychological
evaluation from Dr. Jeffrey Vanderwater-Piercy. The purpose of the evaluation
was to assess Mother’s mental health and its effect on her ability to parent
Child. Mother explained to Dr. Vanderwater-Piercy that DCS became involved
when “[m]y kid took my prescription Adderall and methadone [Which was not
prescribed] and I had to rush her to the ER.” Ex. Vol. 5 p. 46 (second set of
brackets in original).
[10] Dr. Vanderwater-Piercy diagnosed Mother with opiate use disorder, marijuana
use disorder, agoraphobia, adjustment disorder with depressed mood, and
attention deficit hyperactivity disorder with a predominantly inattentive
presentation. Dr. Vanderwater-Piercy found Mother to have below-average
intelligence. He concluded that Mother had an extensive history of substance
dependence which should be treated.
[11] Ultimately, Dr. Vanderwater-Piercy found that Mother was having
considerable difficulty managing her own life, much less being able to provide
the type of stability, support, emotional nurturing, and structure that would be
required to adequately parent Child. Dr. Vanderwater-Piercy felt the mental
issue which most affected her role and responsibility as a parent was the
substance abuse and some very significant maladaptive personality traits. Dr.
Vanderwater-Piercy did not believe individual therapy could provide Mother
with any real meaningful progress on the problematic personality traits until she
had her substance abuse under control and had completed a period of
Court of Appeals of Indiana | Memorandum Decision 19A-JT-1063 | November 22, 2019 Page 6 of 18
abstinence and sobriety. In May of 2018, Mother was discharged from Home
with Hope because she used anti-diarrhea pills to get high. On June 22, 2018,
Mother tested positive for methamphetamine and amphetamine.
[12] On June 28, 2018, the service providers, FCM Amy Turner (who had taken
over the case on May 23, 2018), and the guardian ad litem (“GAL”) met with
Mother to discuss her progress. When asked about her positive drug screen
results, Mother admitted that she had used “something” but would not admit it
was methamphetamine. Tr. Vol. II p. 240. The positive methamphetamine
results were, Mother explained, “a quality control issue[] with drug dealers in
the area.” Tr. Vol. II p. 240. At the meeting, Mother reluctantly agreed to
attend a residential drug treatment program in Crawfordsville. Mother did not
follow through with the facility in Crawfordsville. DCS also offered to send
Mother to an inpatient mental health placement before she went to drug
treatment, but she did not want to be locked up with “crazy” people. Tr. Vol.
III p. 25. DCS offered to send Mother back to Home with Hope as well, but
she did not want to return.
[13] Meanwhile, Mother’s experience with court-ordered visitation was mixed.
Supervised visits occurred between Mother and Child between March 16 and
July 11, 2018. Mother attended nine of these visits, cancelled once, and failed
to appear twice at the end. At the May 28, 2018, visit, Mother became
argumentative and confrontational with maternal grandfather and step-
grandmother because they were taking Child to Florida and Mother had
wanted to be the first one to take Child to Florida. After this incident, Child
Court of Appeals of Indiana | Memorandum Decision 19A-JT-1063 | November 22, 2019 Page 7 of 18
would be dropped off early, and Mother stayed inside while the grandparents
picked Child up, so there would be no interaction between the adults.
[14] At the visit on July 11, 2018, Amy Schaller, the visitation supervisor, became
concerned that Mother was under the influence. Mother was late to the visit,
her mind and actions were scattered, she was irritated for unknown reasons,
and she failed to bring food with her for Child. Schaller required Mother to
screen for drug use and the test came back positive for methamphetamine,
amphetamine, THC, Xanax, diazepam, and oxycodone. Schaller remembered
discussing whether to suspend visits, but instead they required Mother to screen
before visits. Mother, however, never appeared for another visit.
[15] On July 31, 2018, Mother was sentenced in both the August of 2017 and
January of 2018 cases, and her earliest release date from the Department of
Correction is January 6, 2020. On October 29, 2018, DCS filed its petition to
terminate Mother’s parental rights to Child (“the TPR Petition”). Mother
visited with Child one more time in prison on December 20, 2018. CASA
Beckett attended this visit and noticed during the visit that Mother struggled
with parenting. Mother did not appear to have the skills needed in order to
calm Child when Child became upset. Mother did not engage with Child with
age-appropriate language and questions.
[16] On January 31 and March 1 and 22, 2019, the juvenile court held a hearing on
the TPR Petition. Mother testified to having tried “every single drug out there
except for acid” and admitted that she was addicted to opiates. Tr. Vol. III p.
81. Mother claimed that she had begun using hydrocodone when she was
Court of Appeals of Indiana | Memorandum Decision 19A-JT-1063 | November 22, 2019 Page 8 of 18
eighteen, after she was injured in an accident which occurred while she was
under the influence. Mother testified that she did not know she was pregnant
with Child until she was perhaps three months along, and she resumed using
hydrocodone after her appendectomy at around the fourth month. When the
hydrocodone prescription ran out, Mother “was getting them off of the street.”
Tr. Vol. III p. 83. For the first six months after Child was born, Mother
explained she used hydrocodone three or four times a day, which eventually
progressed to using any opiate she could find. Mother admitted to using
methamphetamine on occasion to stay awake.
[17] Mother admitted that, at the time of Child’s removal in August 2017, Child had
access to Adderall and methadone from her purse. Mother testified that she
refused to submit to a drug screen at the hospital because it would have been
positive for methamphetamine and hydrocodone. Despite testing positive for
methamphetamine multiple times, Mother never admitted to DCS or providers
she was using it until trial.
[18] Mother guessed that Child found and ate the methamphetamine “from being at
the house” which belonged to her friend, T.P. Tr. Vol. III p. 91. Mother said
that she had no idea where the mood stabilizer came from. According to
Mother, T.P. provided her with hydrocodone and she had seen him use
methamphetamine. Mother blamed T.P. for the drug episode because he let her
use drugs in his house. Mother testified that T.P. was responsible for Child’s
ingestion of drugs because “he allowed me to use [drugs] under his roof” and by
Court of Appeals of Indiana | Memorandum Decision 19A-JT-1063 | November 22, 2019 Page 9 of 18
“not living life uh, by human law.” Tr. Vol. III p. 131. Mother continued to be
in regular contact with T.P. while in prison.
[19] FCM Turner testified that termination was in Child’s best interests because
there had been a lack of engagement in treatment, Mother had never made a
commitment to change, and Mother had failed to comply with services. DCS
was concerned Mother would continue to use illegal substances once she was
released from incarceration.
[20] CASA Beckett testified that it was in Child’s best interests to terminate the
parent–child relationship because Child was reaching the age of understanding.
CASA Beckett opined that Child needed stability and permanency while she
progressed through school and that maternal grandfather and his wife could
give that to her. In CASA Beckett’s view, Mother still posed a threat to Child
because of the risk of further exposure to illicit substances, lack of stable
housing, and lack of employment. Mother still refused to commit to change
and has reservations about any form of treatment.
[21] Maternal grandfather was Child’s foster placement, and he testified that it was
in Child’s best interests to terminate the parent–child relationship because
Mother has problems maintaining a valid driver’s license, staying sober, staying
out of jail, not breaking the law, and keeping a job. Maternal grandfather also
had experience with Mother becoming violent with her own family members,
even her grandmother and others she truly cares about. He was afraid of Child
being around Mother because she might violently lash out at Child.
Court of Appeals of Indiana | Memorandum Decision 19A-JT-1063 | November 22, 2019 Page 10 of 18
[22] On April 22, 2019, the juvenile court issued an order terminating Mother’s
parental rights to Child. The order provides, in part, as follows:
a. [T]here is a reasonable probability that,
l. The conditions that resulted in [Child]’s removal or the
reasons for the placement outside the parent’s home will not
be remedied in that: the mother’s mental health; ongoing
choice to use controlled substances when coupled with the
totality of the evidence in this case and findings set forth
above, support such finding; and
2. Continuation of the parent–child relationship poses a threat
to the well-being of [Child] in that: the mother’s mental
health, ongoing choice to use controlled substances,
Mother’s instability, and when coupled with the totality of
the evidence in this case and findings set forth above, place
[Child] at continued serious risk of harm.
b. Termination is in the best interest of [Child] in that: the FCM
and CASA have joined in the opinion it is in [Child]’s best
interests; [Child] is well bonded to current placement; the
Mother’s conduct during the time she was the primary care
giver posed a grave threat to [Child]’s life; Mother’s conduct
following removal showed wholesale inability or refusal to
address her substance abuse issue or improve her parenting
skills; and when coupled with the totality of the evidence in this
case and findings set forth above, lead to the finding of
termination in [Child]’s best interests.
c. The Department of Child Services has a satisfactory plan for
the care and treatment of [Child] which is: Adoption by the
maternal grandfather and maternal step-grandmother, who
have been the relative placements since removal, and enjoyed a
relationship with [Child] before removal, and do not foreclose
all opportunity for [Child] to know her Mother.
Order pp. 9–10.
Court of Appeals of Indiana | Memorandum Decision 19A-JT-1063 | November 22, 2019 Page 11 of 18
Discussion and Decision
[23] The Fourteenth Amendment to the United States Constitution protects the
traditional right of parents to establish a home and raise their children. Bester v.
Lake Cty. Office of Family & Children, 839 N.E.2d 143, 145 (Ind. 2005). Further,
we acknowledge that the parent–child relationship is “one of the most valued
relationships of our culture.” Id. However, although parental rights are of a
constitutional dimension, the law allows for the termination of those rights
when parents are unable or unwilling to meet their responsibilities as parents.
In re T.F., 743 N.E.2d 766, 773 (Ind. Ct. App. 2001), trans. denied. Therefore,
parental rights are not absolute and must be subordinated to the children’s
interest in determining the appropriate disposition of a petition to terminate the
parent–child relationship. Id.[24] In reviewing termination proceedings on appeal, this court will not reweigh the
evidence or assess the credibility of the witnesses. In re Invol. Term. of Parental
Rights of S.P.H., 806 N.E.2d 874, 879 (Ind. Ct. App. 2004). We only consider
the evidence that supports the juvenile court’s decision and reasonable
inferences drawn therefrom. Id. Where, as here, the juvenile court includes
findings of fact and conclusions thereon in its order terminating parental rights,
our standard of review is two-tiered. Id. First, we must determine whether the
evidence supports the findings, and, second, whether the findings support the
legal conclusions. Id. In deference to the juvenile court’s unique position to
assess the evidence, we set aside the juvenile court’s findings and judgment
terminating a parent–child relationship only if they are clearly erroneous. Id. A
Court of Appeals of Indiana | Memorandum Decision 19A-JT-1063 | November 22, 2019 Page 12 of 18
finding of fact is clearly erroneous when there are no facts or inferences drawn
therefrom to support it. Id. A judgment is clearly erroneous only if the legal
conclusions made by the juvenile court are not supported by its findings of fact
or the conclusions do not support the judgment. Id.[25] Indiana Code section 31-35-2-4(b) governs what DCS must allege and establish
to support a termination of parental rights, namely
(A) that […] the following is true:
(i) The child has been removed from the parent for at least
six (6) months under a dispositional decree.
[….]
(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 [or]
(ii) There is a reasonable probability that the continuation
of the parent–child relationship poses a threat to the well-
being of the child.
[…]
(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). Mother contends that insufficient evidence
supports the juvenile court’s conclusion that (1) there is a reasonable probability
that the conditions that resulted in Child’s removal or the reasons for placement
outside the home of the parents will not be remedied, (2) there is a reasonable
Court of Appeals of Indiana | Memorandum Decision 19A-JT-1063 | November 22, 2019 Page 13 of 18
probability that the continuation of the parent–child relationship poses a threat
to the well-being of the child, and (3) termination is in Child’s best interests.
I. Indiana Code Section 31-35-2-4(b)(2)(B)
[26] Mother argues that DCS has failed to establish that there is a reasonable
probability that the reasons for Child’s continued removal would not be
remedied or that there is a reasonable probability that the continuation of the
parent–child relationship poses a threat to the well-being of Child. Because
Indiana Code section 31-35-2-4(b)(2)(B) is written in the disjunctive, DCS need
only establish one of these circumstances. See Ind. Code § 31-35-2-4(b)(2)(B)
(providing that DCS must establish that one of the following is true: “[t]here 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[, t]here is a reasonable probability that the continuation of the parent–
child relationship poses a threat to the well-being of the child[, or t]he child has,
on two (2) separate occasions, been adjudicated a child in need of services”).
[27] We choose to first address Mother’s contention that DCS failed to establish that
there is a reasonable probability that the conditions that led to Child’s removal
will not be remedied. In making such a determination, a juvenile court engages
in a two-step inquiry. First, the juvenile court must “ascertain what conditions
led to their placement and retention in foster care.” K.T.K. v. Ind. Dep’t of Child
Servs., 989 N.E.2d 1225, 1231 (Ind. 2013). After identifying these initial
conditions, the juvenile court must determine whether a reasonable probability
exists that the conditions justifying a child’s continued “placement outside the
Court of Appeals of Indiana | Memorandum Decision 19A-JT-1063 | November 22, 2019 Page 14 of 18
home will not be remedied.” In re D.D., 804 N.E.2d 258, 266 (Ind. Ct. App.
2004) (citation omitted). The statute focuses not only on the initial reasons for
removal “but also those bases resulting in continued placement outside the
home.” In re A.I., 825 N.E.2d 798, 806 (Ind. Ct. App. 2005), trans. denied. In
making this second determination, the juvenile court must judge a parent’s
fitness to care for her child at the time of the termination hearing, taking into
consideration evidence of changed conditions. In re D.D., 804 N.E.2d at 266.
DCS need not rule out all possibilities of change; rather, it must establish that
there is a reasonable probability that the parent’s behavior will not change. In re
B.J., 879 N.E.2d 7, 18–19 (Ind. Ct. App. 2008), trans. denied.
[28] Here, Child was removed because, while in Mother’s care, she somehow
ingested several drugs and nearly died of respiratory arrest. While that
particular emergency has abated, Mother’s continuing drug use—and its
negative impact on all aspects of her life—is the primary reason for Child’s
continued placement outside her home. Mother’s history since Child’s removal
has been one of recurrent drug abuse, involving periods of abuse, followed by
periods with no positive screens, and then relapse. Soon after Child was
removed, Mother began regularly testing positive for methamphetamine and
amphetamine, with various other drugs occasionally appearing in the test
results. Although Mother went through a period in 2018 during which she had
several consecutive negative screens, her final screen before her incarceration
was positive for methamphetamine, amphetamine, THC, Xanax, diazepam,
and oxycodone. Since Child’s removal, Mother has yet to complete any drug-
Court of Appeals of Indiana | Memorandum Decision 19A-JT-1063 | November 22, 2019 Page 15 of 18
treatment services, nor has she been able to maintain sobriety for any significant
amount of time. Moreover, Mother continues to maintain contact with T.P.,
the person she blames for Child’s overdose and who has supplied Mother with
illegal drugs in the past. Mother has also failed to complete any of her court-
ordered services successfully, and there is no evidence that she has obtained
stable employment or housing, or has even tried. In summary, there is ample
evidence to support a conclusion that Mother has a very serious substance-
abuse problems that negatively affect her ability to parent and very little
evidence that she wishes to take even modest measures to address them.
[29] The Indiana Supreme Court has made clear that the “purpose of terminating
parental rights is not to punish parents, but to protect the children.” Egly v.
Blackford Cty. Dep’t. of Pub. Welfare, 592 N.E.2d 1232, 1234–35 (Ind. 1992). The
Egly Court also explained that “[a]1though parental rights are of a
constitutional dimension, the law allows for the termination of those rights
when parents are unable or unwilling to meet their responsibilities as parents.”
Id. at 1234. Given the evidence of Mother’s unaddressed substance-abuse
problems (whether she is unable to address them or merely unwilling), the
juvenile court did not err in finding that there was a reasonable probability that
the conditions that had led to Child’s removal would not be remedied.2
2
Because of our disposition of this claim, we need not address Mother’s claim that DCS failed to establish
that there is a reasonable probability that the continuation of the parent–child relationship poses a threat to
the well-being of Child.
Court of Appeals of Indiana | Memorandum Decision 19A-JT-1063 | November 22, 2019 Page 16 of 18
II. Indiana Code Section 31-35-2-4(b)(2)(C)
[30] We are mindful that in determining what is in the best interests of the Children,
the juvenile court is required to look beyond the factors identified by DCS and
look to the totality of the evidence. McBride v. Monroe Cty. Office of Family &
Children, 798 N.E.2d 185, 203 (Ind. Ct. App. 2003). In doing so, the juvenile
court must subordinate the interests of the parents to those of the children
involved. Id. Furthermore, this court has previously determined that the
testimony of a GAL regarding a child’s need for permanency supports a finding
that termination is in the child’s best interests. In the matter of Y.E.C., 534
N.E.2d 273, 276 (Ind. Ct. App. 1992). Here, FCM Turner and CASA Beckett
both testified that termination was in Child’s best interests. While this
testimony is likely sufficient to support the juvenile court’s conclusion to that
effect, it is not as though this testimony stands alone.
[31] As of the date of the termination hearing, Mother remained incarcerated, with a
release date in January of 2020, at the earliest. FCM Turner testified that
termination was in Child’s best interests because of Mother’s lack of interest in
progress and concerns that her substance abuse would continue after her
release. Given Mother’s history, these concerns seem well-founded. CASA
Beckett testified that it was in Child’s best interests to terminate the parent–
child relationship because Child the needed stability and permanency that
maternal grandfather and his wife could give that to her. CASA Beckett also
cited the risk of further exposure to illicit substances, Mother’s lack of stable
housing and employment, and Mother’s refusal to address her issues. Finally,
Court of Appeals of Indiana | Memorandum Decision 19A-JT-1063 | November 22, 2019 Page 17 of 18
Mother’s own father testified that it was in Child’s best interests to terminate
the parent–child relationship because of Mother’s unaddressed issues,
instability, and violent tendencies.
[32] The juvenile court must not only assess the parent’s ability to care for the child
as of the date of the termination proceeding and consider any evidence of
changed conditions but also consider the parent’s habitual patterns of conduct
as a means of determining the probability of future detrimental behavior.
Rowlett v. Vanderburgh Cty. Office of Family & Children, 841 N.E.2d 615, 620 (Ind.
Ct. App. 2006), trans. denied. Given Mother’s history of substance abuse,
instability, and refusal to acknowledge or address her issues, she has not
established that the juvenile court’s determination that termination was in the
Child’s best interests was clearly erroneous.
[33] The judgment of the juvenile court is affirmed.
Vaidik, C.J., and Riley, J., concur.
Court of Appeals of Indiana | Memorandum Decision 19A-JT-1063 | November 22, 2019 Page 18 of 18