In the Matter of the Termination of the Parent-Child Relationship of C.H. (Minor Child) B.H. (Father) v. Indiana Department of Child Services (mem. dec.) ( 2018 )


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  • MEMORANDUM DECISION
    Pursuant to Ind. Appellate Rule 65(D),                                               FILED
    this Memorandum Decision shall not be
    regarded as precedent or cited before any                                    Aug 29 2018, 9:51 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
    Michael P. DeArmitt                                       Curtis T. Hill, Jr.
    Columbus, Indiana                                         Attorney General of Indiana
    Frances Barrow
    Deputy Attorney General
    Indianapolis, Indiana
    IN THE
    COURT OF APPEALS OF INDIANA
    In the Matter of the Termination                          August 29, 2018
    of the Parent-Child Relationship                          Court of Appeals Case No.
    of C.H. (Minor Child);                                    18A-JT-449
    B.H. (Father),                                            Appeal from the Bartholomew
    Circuit Court
    Appellant-Respondent,
    The Honorable Kelly S. Benjamin,
    v.                                                Judge
    The Honorable Heather M. Mollo,
    Indiana Department of Child                               Magistrate
    Services,                                                 Trial Court Cause No.
    03C01-1607-JT-3980
    Appellee-Petitioner.
    Najam, Judge.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-449 | August 29, 2018                       Page 1 of 19
    Statement of the Case
    [1]   B.H. (“Father”) appeals the trial court’s termination of his parental rights over
    his minor child, C.H. (“Child”). Father presents a single issue for our review,
    namely, whether the State presented sufficient evidence to support the
    termination of his parental rights. We affirm.
    Facts and Procedural History
    [2]   Child was born to Father and E.A. (“Mother”) on March 3, 2011. On April 11,
    2015, someone at a Chuck E. Cheese restaurant contacted law enforcement to
    report that Mother and her then-boyfriend, J.G., were intoxicated and that
    Child and his half-sibling, C.G., were unsupervised at the restaurant. Officers,
    in turn, contacted the Indiana Department of Child Services (“DCS”), and
    Laura Ledgerwood, an assessment worker for DCS, investigated. Mother and
    J.G. admitted to being addicted to heroin. At that time, Father had not
    exercised visitation with Child for two or three months. DCS removed Child
    from Mother’s care on April 121 and filed a petition alleging that Child was a
    child in need of services (“CHINS”). On June 9, the trial court found Child to
    be a CHINS. After Father and Mother failed to fully comply with services, on
    July 18, 2016, DCS filed a petition to terminate their parental rights over Child.
    1
    Child stayed overnight with an aunt on April 11 after the incident at Chuck E. Cheese.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-449 | August 29, 2018               Page 2 of 19
    [3]   Following a hearing on December 9, 2016, and continued to January 27, 2017,
    the trial court granted the petition on January 22, 2018.2 In support of its order
    terminating Father and Mother’s parental rights, the trial court entered the
    following relevant findings and conclusions:
    5. On or about April 11, 2015, DCS investigated a report that the
    Child was the victim of neglect. Owners of Chuck E. Cheese had
    called police with concerns that Mother and her husband [sic]
    were under the influence of an intoxicant and the Child was
    unsupervised. (State’s Exhibit 7).
    6. The Child was removed from Mother’s care on April 12, 2015
    and has remained out of either parent’s home since that time.
    7. A Verified Child in Need of Services (“CHINS”) Petition was
    filed on April 14, 2015. (State’s Exhibit 5).
    8. On June 9, 2015, Mother and Father stipulated that the Child
    is a Child In Need of Services. (State’s Exhibit 9).
    9. In addition to the events at Chuck E. Cheese as noted in
    Paragraph 5 above, Mother and Father also stipulated to the
    following facts: In the course of police and DCS contact, Mother
    admitted to being a heroin addict and receiving daily methadone
    treatment. Mother submitted to a drug screen, which was
    positive for Methamphetamine, Diazepam, and Methadone.
    Mother and her husband [sic] acknowledged a history of
    substance use. (State’s Exhibit 9).
    2
    There is no explanation for the one-year delay between the final hearing and the termination order.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-449 | August 29, 2018                     Page 3 of 19
    10. On June 29, 2015, a Dispositional Hearing was held with
    Mother. The essential terms required Mother to (1) continue
    engaging in Methadone Treatment through Indianapolis
    Treatment Center, (2) complete a substance abuse assessment,
    and successfully complete any recommended treatment, (3)
    complete home-based case management services to assist with
    parenting, community resources, budgeting, and establishing a
    home, (4) attend scheduled Visitations with the Child, and (5)
    submit to random drug/alcohol screens within twenty-four
    hours of said request. (State’s Exhibit 12.)
    11. On June 29, 2015, a Dispositional Hearing was held with
    Father. The essential terms required Father to (1) participate in
    Fatherhood Engagement to aid in the bond between Father
    and Child, (2) complete a substance abuse assessment, and
    successfully complete any recommended treatment, (3) complete
    a domestic Violence assessment, as recommended by the
    treatment team, (4) participate in scheduled Visitations with the
    Child, and (5) submit to random drug/alcohol screens within
    twenty-four hours of said request. (State’s Exhibit 12).
    12. To aid in the management of the case, Mother and Father
    were also expected to (1) maintain weekly contact with the
    Family Case Manager (FCM); (2) timely notify FCM of any
    changes in circumstances or arrests; (3) sign releases for FCM to
    monitor compliance; (4) enroll and participate in programs in a
    timely manner; (4) allow access to the parent’s home and access
    to the child; (5) maintain safe and suitable housing; and (6)
    maintain a legal source of income. (State’s Exhibit 12).
    B. FACTS RELATING TO CHILD’S CONTINUED
    REMOVAL FROM PARENTS’ HOME AND CARE:
    THREAT TO CHILD’S WELLBEING, CHILD’S BEST
    INTEREST, & DCS PLAN FOR CARE AND TREATMENT
    1. After formal removal of the Child on or about April 12, 2015,
    the Child was never returned to the home or care of either parent.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-449 | August 29, 2018   Page 4 of 19
    ***
    3. Father continually questioned why he was asked to participate
    in services, as he was the “non-offending” parent, and did not
    believe he needed to participate in services. At the first Child and
    Family Team meeting after the Child’s removal, the FCM
    explained to Father that even non-offending parents might
    benefit from services. Father was observed to smack the table
    and stated, “Only God could judge him.” Father left the meeting
    at that point. Father’s mother attended the Child and Family
    Team Meeting and commented that Father struggled with mental
    illness as way of explaining his conduct.
    4. In May 2015, Father received referrals for a substance abuse
    evaluation and Fatherhood Engagement services. Father had
    failed to initiate either referral by the time of a Court Status
    Hearing on July 27, 2015. It was also reported at the Status
    Hearing that Father had failed to maintain contact with DCS and
    had denied entry into his home on June 25, 2015. At the
    conclusion of the Status Hearing, Father was given a deadline of
    July 31, 2015 to contact Fatherhood Engagement and Adult and
    Child for the substance abuse evaluation. (State’s Exhibit 14).
    ***
    6. On August 26, 2015, Father completed the substance abuse
    assessment with Adult and Child.
    7. Siobhan Nelson of Adult and Child found Father to be
    irritable and hostile during his substance abuse assessment, and
    she questioned the veracity of Father’s responses. Father
    displayed anger at having to answer questions and considered the
    questions beneath him. He repeatedly expressed that the
    evaluation was a waste of time. Ms. Nelson recommended that
    Father receive services to address anger management and
    parenting, as well as complete a psychological evaluation.
    (State’s Exhibit 36).
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-449 | August 29, 2018   Page 5 of 19
    8. By September 2015, Father made contact with Fatherhood
    Engagement. For the first few months, it was hard for the case
    manager to establish goals with Father. They initially chose to
    focus on Father moving forward on independent living. Father
    was living with his mother at the time and receiving SSI benefits.
    Regular contact though was lacking. He attended two out of
    three appointments in October and kept no appointments in
    November of 2015. The referral was scheduled to close for lack
    of participation but the treatment team was in agreement that the
    service should continue to further the father son relationship. By
    November 2015, the Child had been placed with paternal
    grandmother, as more fully discussed below. With Father in the
    same home, it was agreed that Father’s referral would remain
    open. (State’s Exhibits 15 & 16).
    9. In December 2015, Father participated in two appointments
    with Fatherhood Engagement. Some of the work focused on
    Father’s goals of compliance with DCS and all service providers.
    Father continued to express anger, frustration, and distrust.
    Attempts were made to redirect Father. (State’s Exhibit 28).
    10. In January 2016, Father participated with Fatherhood
    Engagement on January 6, and January 12. Father canceled an
    appointment for January 14, 2016 and the case manager
    cancelled the next appointment for January 20, 2016. The
    caseworker made multiple attempts to schedule an appointment
    with Father for January 26, 2016, without success. The report
    for January concluded that Father’s progress was minimal due to
    lack of motivation and follow-through. (State’s Exhibit 29).
    11. Father also received a referral for anger management in
    September 2015. At the time of the December 22, 2015 Court
    Status Hearing, he had yet to initiate contact with the provider.
    There were continuing signs that anger management would
    benefit Father. In addition to the hostility displayed early on in
    the case, as outlined above, the FCM reported at the December
    Status Hearing that communication with Father was difficult.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-449 | August 29, 2018   Page 6 of 19
    She cited a home visit in which Father refused to stay. (State’s
    Exhibit 16).
    12. In October 2015, Father received the referral for a
    psychological evaluation with Dr. Linda McIntire of Shelby
    Psychological Services. Despite several attempts to make contact
    with Father, Father failed to schedule an appointment. Father,
    however, reported to FCM that he had a scheduled appointment
    in December 2015. Father did not have any scheduled
    appointments in December 2015 with Shelby Psychological
    Services.
    ***
    14. The Department of Child Services filed a Petition for
    Parental Participation as to Mother and Father on January 21,
    2016. (State’s Exhibit 18.)
    ***
    16. On February 8, 2016, the Court held a hearing on the
    Department’s Petition for Parental Participation, and ordered
    Father to make the Child available to service providers to allow
    sibling Visits, to complete an intake assessment for anger
    management, complete a psychological evaluation through Dr.
    Linda McIntire of Shelby Psychological, participate in supervised
    visitations, and participate in Fatherhood Engagement. Father
    was given a twenty-four (24) hour deadline to contact Shelby
    Psychological, the Visitation supervisor, and Fatherhood
    Engagement. (State’s Exhibit 21).
    17. Fatherhood Engagement was also willing to take a fresh
    approach with Father in February 2016 in an effort to gain
    greater compliance. The case manager and Father agreed to
    focus exclusively on parenting skills and relationship building
    with the Child. The new focus was expected to start March 1,
    2016. (State’s Exhibit 30).
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-449 | August 29, 2018   Page 7 of 19
    18. Father kept all four scheduled appointments with
    Fatherhood Engagement in March 2016. He was much more
    engaged with the focus on the Child rather than Father’s
    individual issues of responsibilities, independence and self-care.
    (State’s Exhibit 31).
    19. At the Permanency Hearing for the Child on April 12, 2016,
    Mother and Father presented a bleak outlook that reunification
    could be achieved. . . .
    20. Father’s circumstances were equally bleak. He had not
    completed the necessary services ordered in the Dispositional
    Decree and Parental Participation Order. The psychological
    evaluation had yet to be completed. The need for anger
    management continued to be relevant. The FCM had two
    additional encounters with Father that she perceived to be
    hostile. The Court’s findings from the hearing specifically noted
    “It’s to the point where [Father]’s persistent questioning as to
    why he has requirements asked of him and his clear displeasure
    with the assigned family case manager has stalled any progress
    by him in demonstrating that he can be a permanency plan for
    his son.” (State’s Exhibit 24).
    21. Father completed the psychological evaluation on May 31,
    2016. Father was given the following diagnoses: borderline
    intellectual functioning and unspecified personality disorder,
    with narcissistic and antisocial features. Dr. McIntire
    recommended that Father complete anger management, engage
    in case management to encourage independence and self-
    responsibility, engage in a parenting curriculum, and desist the
    use of Xanax, as it is a highly addictive drug and Father does not
    have anxiety. Dr. McIntire concluded that Father would be
    unable to care for a child by himself with his current behavioral
    issues. (State’s Exhibit 46).
    22. In particular, Dr. McIntire noted:
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-449 | August 29, 2018   Page 8 of 19
    Relative to parenting, his psychological testing is not promising.
    His characterological disorder makes him a poor candidate to
    parent, due to his self-focus, immaturity, impulsive and
    aggressive tendencies, and lack of empathy. As already noted,
    his Borderline Intellectual Functioning is a serious barrier to
    independent parenting, and the combination of his two diagnoses
    paints a grim prognosis, as his personality problems preclude him
    from asking for feedback or assistance in admitting his
    limitations. His CAPI score could not be determined due to
    his very defensive approach. His edgy, inpatient, and blaming
    presentation with various providers, including this psychologist,
    as well as a history of aggressive behaviors, is additionally
    concerning relative to his ability to safely and appropriately guide
    a young boy through the difficult interactions of childhood and
    adolescence.
    23. Father completed four sessions of anger management and
    did not return. The referral for anger management closed on
    August 31, 2016, due to nonattendance. FCM provided a second
    referral for anger management on October 5, 2016. Father
    declined to participate.
    24. From removal in April 2015 through the summer of 2016,
    information was also gained about the Child’s condition.
    25. At the Dispositional Hearing, the Child was identified for
    speech therapy and case management services. (State’s Exhibit
    12).
    26. Before starting the case management services, the Child
    completed a general mental health needs assessment (MRO).
    The Child received a diagnosis of adjustment disorder with some
    anxiety present. Contributing factors were believed to be
    domestic violence he had witnessed in his home and the
    circumstances related to his removal. (State’s Exhibit 14).
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-449 | August 29, 2018   Page 9 of 19
    27. The Child was initially placed in relative care with maternal
    family. The relative placement reported the Child urinating on
    bathroom walls and making statements of wanting to kill
    everyone. (State’s Exhibit 14).
    28. From the MRO, the Child was recommended for therapy to
    address anger and behaviors. The Child was referred to services
    with Adult and Child.
    29. In November 2015, the Child was placed in the home of his
    paternal grandmother, where Father also resided. Father and
    grandmother were given referrals for the Child to continue his
    therapy with Adult and Child in their community of
    Indianapolis.
    30. The Child was removed from the home of his paternal
    grandmother on or about April 5, 2016 due to several concerns.
    Safety became a concern for the FCM during two attempts to
    visit the home. Father was unable to have professional
    communication with the FCM during one of the attempted visits.
    During a subsequent visit, the FCM perceived Father to be
    threatening and intimidating. In addition, Father and paternal
    grandmother had failed to initiate the required therapy for the
    Child. Two referrals had been made for the therapy, with both
    closing for lack of contact. (State’s Exhibit 23).
    31. After removal from relative placement with paternal
    grandmother, the Child was placed in foster care. The foster
    parents sought further evaluation of the Child due to concerns of
    significant developmental delays.
    32. The foster parents noted that when the Child came into their
    care at approximately five years of age, he did not know any
    colors, shapes, or letter sounds. This was after the Child had
    been in relative placement with Father in the home for
    approximately four months.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-449 | August 29, 2018   Page 10 of 19
    33. The Child also came into the foster home with deficits in fine
    motor skills. The Child required a high level of supervision to
    insure his safety. The Child was first thought to be accident-
    prone.
    34. The Child actually has a preliminary diagnosis of
    Asymmetrical Tonic Neck Reflex, something he should have
    outgrown at six months of age. The condition does result in lack
    of balance, ADHD like symptoms, vision difficulties and
    coordination issues. (CASA Report).
    35. Dr. Kristen Hurley of Estes Neuropsychology completed an
    assessment of the Child on November 2, 2016. Dr. Hurley noted
    that the Child had no intellectual disabilities, and his delays were
    due to a non-stimulating environment, that did not encourage
    growth or learning. (State’s Exhibit 27).
    36. The Child receives intense treatment, which includes
    physical therapy, occupational therapy, and speech therapy.
    37. Father has been unable to recognize that the Child has any
    delays.
    38. Father has struggled in understanding the Child’s deficits
    and the level of supervision required for the Child’s safety.
    39. Fatherhood Engagement had an opportunity to discuss the
    findings of Father’s psychological evaluation and the findings
    regarding the Child in July 2016. Father took issue with the
    Child’s findings. The caseworker discussed the need for Father
    to be able to learn in the CHINS case. Father was advised to
    meet with the FCM in order to clearly understand what was
    preventing placement of the Child with Father. Second, Father
    was advised to address any of the noted concerns without
    argument. Father continued to express displeasure with his
    psychological evaluation findings and continued to dispute any
    potential diagnosis the Child could have. The caseworker ended
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-449 | August 29, 2018   Page 11 of 19
    the conversation by pointing out to Father that his comments
    were examples of Father’s inability or unwillingness to address
    his issues along with an unwillingness to understand the Child’s
    needs.
    40. Father failed to engage in any services with Fatherhood
    Engagement in August 2016. His referral closed the month of
    August due to nonattendance. FCM provided a third referral for
    Fatherhood Engagement on October 14, 2016. Father declined
    to participate.
    ***
    45. Neither parent has ever been permitted unsupervised
    Visitation since the child’s original removal.
    ***
    47. Father’s visitation with the Child was inconsistent. Family
    Case Managers noted that Father would be cyclical as to his
    participation in visits. There were times when he would not see
    the Child for a month at a time and following some discussion
    with Father, he would improve in his attendance for six weeks or
    so. He was initially provided two supervised visits per week. By
    January 2016, the visit frequency was reduced to one time to per
    week due to nonattendance. The visits returned to two times per
    week in May 2016 but then attendance again became
    inconsistent. The visitation supervisor assigned to Father’s visits
    reported that between April 2015 to November 2016, Father
    attended about 75% of his scheduled visits.
    48. There is an observable bond between Father and the Child.
    49. Father has failed to put the child’s needs before his own.
    Father has never traveled to the town where the Child is placed
    to have visits. This was specifically suggested to Father and
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-449 | August 29, 2018   Page 12 of 19
    memorialized in a Court Order from a hearing held on July 27,
    2015. Father was specifically asked to think about how he could
    help in reducing the travel the Child had to undergo, often on
    consecutive days, to visit with him. Father was encouraged to
    share in the driving for the visits or to consider a location that
    would shorten the distance for visitation. Father never acted
    upon any of the suggestions. In addition, at times Father
    confirmed and then cancelled visits with the Child, even when
    the Child was in route to see Father. (State’s Exhibit 14).
    50. Dr. Linda McIntire’s report noted that individuals with
    Father’s diagnoses are unable to prioritize the needs of children
    over themselves and have difficulty empathizing with others.
    51. Father testified that he does not believe that his completion
    of an anger management program or Fatherhood Engagement
    could have benefitted the Child.
    52. The Child has an older half sibling. She joined the foster
    home with the Child on August 18, 2016.
    53. The family therapist testified that many adults have
    disappointed the Child in his young life, and that severing the
    relationship between the Child and the Child’s older sibling could
    cause a regression in the Child’s emotional and psychological
    well-being, as the Child’s relationship with [his] older sibling has
    been a constant and consistent relationship.
    54. The foster parents desire to adopt both the Child and his half
    sibling.
    ***
    56. Mother and Father have failed to support the Child during
    the life of the case.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-449 | August 29, 2018   Page 13 of 19
    57. Father has lived with his mother and stepfather through the
    life of the CHINS case. He has a source of income with SSI but
    acknowledged during his psychological evaluation that he cannot
    live off his SSI. He has shown no motivation for employment,
    other than seasonal work with his father, which allows him to
    forego working when experiencing anxiety.
    58. Mother and Father have failed to make any notable progress
    under the case plan.
    59. The Child is thriving in a loving, structured and stable home.
    The Child has made gains while in the foster home. One simple
    example is his participation in soccer. The Child played soccer
    for the first time and was the team’s top scorer. As noted by the
    CASA, just six short months earlier, the Child could not run
    without falling.
    60. DCS’ plan for Child is that he be adopted by his current
    foster parents.
    61. The CASA also supports adoption by the foster parents as
    the permanency plan for the child.
    Appellant’s App. Vol. 2 at 49-56. This appeal ensued.3
    Discussion and Decision
    [4]   We begin our review of this issue by acknowledging that “[t]he traditional right
    of parents to establish a home and raise their children is protected by the
    Fourteenth Amendment of the United States Constitution.” Bailey v. Tippecanoe
    3
    Mother does not participate in this appeal.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-449 | August 29, 2018   Page 14 of 19
    Div. of Fam. & Child. (In re M.B.), 
    666 N.E.2d 73
    , 76 (Ind. Ct. App. 1996), trans.
    denied. However, a trial court must subordinate the interests of the parents to
    those of the child when evaluating the circumstances surrounding a
    termination. Schultz v. Porter Cty. Off. of Fam. & Child. (In re K.S.), 
    750 N.E.2d 832
    , 837 (Ind. Ct. App. 2001). Termination of a parent-child relationship is
    proper where a child’s emotional and physical development is threatened. 
    Id.
    Although the right to raise one’s own child should not be terminated solely
    because there is a better home available for the child, parental rights may be
    terminated when a parent is unable or unwilling to meet his or her parental
    responsibilities. 
    Id. at 836
    .
    [5]   Before an involuntary termination of parental rights can occur in Indiana, DCS
    is required to allege and prove:
    (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.
    ***
    (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.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-449 | August 29, 2018   Page 15 of 19
    
    Ind. Code § 31-35-2-4
    (b)(2) (2018). DCS’s “burden of proof in termination of
    parental rights cases is one of ‘clear and convincing evidence.’” R.Y. v. Ind.
    Dep’t of Child Servs. (In re G.Y.), 
    904 N.E.2d 1257
    , 1260-61 (Ind. 2009) (quoting
    I.C. § 31-37-14-2).
    [6]   When reviewing a termination of parental rights, we will not reweigh the
    evidence or judge the credibility of the witnesses. Peterson v. Marion Cty. Off. of
    Fam. & Child. (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 that
    are most favorable to the judgment. 
    Id.
     Moreover, in deference to the trial
    court’s unique position to assess the evidence, we will set aside the court’s
    judgment terminating a parent-child relationship only if it is clearly erroneous.
    Judy S. v. Noble Cty. Off. of Fam. & Child. (In re L.S.), 
    717 N.E.2d 204
    , 208 (Ind.
    Ct. App. 1999), trans. denied.
    [7]   Here, in terminating Father’s parental rights, the trial court entered specific
    findings of fact and conclusions thereon. When a trial court’s judgment
    contains special findings and conclusions, we apply a two-tiered standard of
    review. Bester v. Lake Cty. Off. of Fam. & Child., 
    839 N.E.2d 143
    , 147 (Ind. 2005).
    First, we determine whether the evidence supports the findings and, second, we
    determine whether the findings support the judgment. 
    Id.
     “Findings are clearly
    erroneous only when the record contains no facts to support them either
    directly or by inference.” Quillen v. Quillen, 
    671 N.E.2d 98
    , 102 (Ind. 1996). If
    the evidence and inferences support the trial court’s decision, we must affirm.
    In re L.S., 
    717 N.E.2d at 208
    .
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-449 | August 29, 2018   Page 16 of 19
    [8]   On appeal, Father raises a single dispositive issue for our review, namely,
    whether the trial court erred when it concluded that the conditions that resulted
    in Child’s removal and the reasons for his placement outside of Father’s home
    will not be remedied.4 In essence, Father maintains that, because the reasons
    for Child’s removal were based on Mother’s heroin addiction, which had
    nothing to do with Father, DCS cannot show that the conditions that resulted
    in Child’s removal from his care would not be remedied. But Father’s argument
    misses the mark.
    [9]   This court has clarified that, given the wording of the statute, it is not just the
    basis for the initial removal of the child that may be considered for purposes of
    determining whether a parent’s rights should be terminated, but also those bases
    resulting in the continued placement outside of a parent’s home. Inkenhaus v.
    Vanderburgh Cty. Off. of Fam. and Children (In re A.I.), 
    825 N.E.2d 798
    , 806 (Ind.
    Ct. App. 2005), trans. denied. Here, the trial court properly considered the
    conditions leading to the continued placement outside of Father’s home rather
    than simply focusing on the basis for the initial removal of Child. Father does
    not challenge the trial court’s findings underlying its conclusion on this issue.
    4
    Because the statute is written in the disjunctive, and because we hold that the court’s conclusion on this
    issue was not erroneous, we need not address Father’s contention that the court erred when it concluded that
    continuation of the parent-child relationship poses a threat to Child’s well-being. I.C. § 31-35-2-4(b)(2). And
    Father does not dispute the court’s conclusions relevant to the other subsections of the statute, such as Child’s
    best interests.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-449 | August 29, 2018                     Page 17 of 19
    [10]   And the evidence supports the trial court’s findings and conclusion. To
    determine whether there is a reasonable probability that the reasons for Child’s
    continued placement outside of Father’s home will not be remedied, the trial
    court should judge Father’s fitness to care for Child at the time of the
    termination hearing, taking into consideration evidence of changed conditions.
    See E.M. v. Ind. Dep’t of Child Servs. (In re E.M.), 
    4 N.E.3d 636
    , 643 (Ind. 2014).
    However, the court must also “evaluate the parent’s habitual patterns of
    conduct to determine the probability of future neglect or deprivation of the
    child.” Moore v. Jasper Cty. Dep’t of Child Servs., 
    894 N.E.2d 218
    , 226 (Ind. Ct.
    App. 2008) (quotations and citations omitted). Pursuant to this rule, courts
    have properly considered evidence of a parent’s prior criminal history, drug and
    alcohol abuse, history of neglect, failure to provide support, and lack of
    adequate housing and employment. 
    Id.
     Moreover, DCS is not required to rule
    out all possibilities of change; rather, it need establish only that there is a
    reasonable probability the parent’s behavior will not change. 
    Id.
    [11]   The trial court found, and the evidence supports, that Father: did not
    successfully complete programs for anger management and denies having anger
    problems; did not successfully complete Fatherhood Engagement; disagrees
    with the results of his psychological evaluation; is unable or unwilling to
    address Child’s special needs; has had inconsistent visitation with Child and has
    never had unsupervised visitation; does not put Child’s needs before his own
    needs; and sees no benefit to Child of Father’s participation in anger
    management. Father’s habitual patterns of conduct demonstrate that he is
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-449 | August 29, 2018   Page 18 of 19
    unlikely to make the necessary effort to be a suitable parent to Child. Thus, we
    cannot say that the trial court clearly erred when it concluded that the reasons
    for Child’s continued placement outside of Father’s home will not be remedied.
    [12]   Affirmed.
    Crone, J., and Pyle, J., concur.
    Court of Appeals of Indiana | Memorandum Decision 18A-JT-449 | August 29, 2018   Page 19 of 19