in-the-matter-of-the-termination-of-the-parent-child-relationship-of-ts ( 2016 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be Jan 29 2016, 6:17 am
regarded as precedent or cited before any
court except for the purpose of establishing
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLEE
Rachel E. Doty Gregory F. Zoeller
David K. Payne Attorney General of Indiana
Braje, Nelson & Janes, LLP
Michigan City, 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 January 29, 2016
of the Parent-Child Relationship Court of Appeals Case No.
of T.S., Father, and N.B., Child, 46A05-1506-JT-629
T.S., Appeal from the
LaPorte Circuit Court
Appellant-Respondent,
The Honorable
v. Thomas A. Alevizos, Judge
The Honorable
W. Jonathan Forker, Magistrate
Indiana Department of Child
Trial Court Cause No.
Services,
46C01-1502-JT-59
Appellee-Petitioner.
Kirsch, Judge.
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[1] T.S., the alleged father of Nio.B. (“Child”), appeals the juvenile court’s order
terminating his parental rights to Child. He raises two issues on appeal that we
restate as:
I. Whether the juvenile court committed fundamental error by
terminating T.S.’s parental rights to Child even though T.S.’s
paternity had not been established.
II. Whether sufficient evidence was presented to support the
termination of T.S.’s parental rights.
[2] We affirm.
Facts and Procedural History
[3] Child was born to R.B. (“Mother”) in LaPorte County on September 24, 2012.
At the time, T.S. was Mother’s boyfriend and is the alleged biological father of
Child. In August 2013, Child and her two half-brothers, Ni.B. and N.B., were
living in a home with T.S., Mother, and T.S.’s mother (“Grandmother”). On
or about August 13, 2013, Sergeant Kenneth Havlin of the Michigan City
Police Department was called to the emergency room at St. Anthony’s Hospital
(“the Hospital”) in Michigan City, Indiana. Ni.B. was in the emergency room
for treatment of injuries that included a severely lacerated liver, a ruptured
spleen, a ruptured appendix, and bruising, which were believed to be caused by
blunt force trauma. Ni.B. died from the injuries.
[4] Sergeant Havlin contacted the LaPorte County Department of Child Services
(“DCS”) on August 15, 2013, to advise of Ni.B.’s death and that T.S. was being
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investigated as the alleged perpetrator. That same day, DCS Family Case
Manager Barbara Swistek (“FCM Swistek”) went to the home to assess the
situation and possibly take the surviving two children, Child and N.B., to the
hospital for a forensic interview and “just a kind of a check” on them. Tr. at 13.
The family “was not being cooperative,” so DCS obtained a detention order of
the children and took them to the Hospital. Id. at 14. Child was examined at
the Hospital and had what appeared to be three cigarette burns to her neck, and
N.B. was in “much worse condition” and presented with various physical
injuries, including a broken rib, burns on his body including his genital area, as
well as bruises, scars, and a black eye. Id. at 15. The two also were suffering
from malnutrition and dehydration.
[5] On August 16, 2013, DCS filed a child in need of services (“CHINS”) petition,
alleging, as is relevant here, that Child’s physical or mental health was seriously
endangered and that she needed care and treatment that was unlikely to be
provided without court intervention. The CHINS petition also alleged that T.S.
had previously been convicted of battery in May 2013, stemming from battering
Mother when she was pregnant. On the same day that DCS filed its petition,
the juvenile court removed Child and N.B. from the care of Mother and T.S.
and placed the two children in foster care.
[6] On September 30, 2013, T.S. was arrested and detained at the LaPorte County
Jail on charges of murdering Ni.B. and felony neglect of a dependent, relative
to the injuries to Child and N.B. Near the same time, Mother was also arrested
and charged in connection with the children’s injuries. Both Mother and T.S.
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have remained incarcerated throughout the course of the CHINS and
termination of parental rights proceedings. According to the State, T.S.’s trial is
anticipated to occur in June 2016.
[7] On October 2, 2013, the juvenile court held a fact-finding hearing on the
CHINS petition and thereafter issued findings and adjudicated Child a CHINS.
Its findings included that Child had injuries “indicative of physical abuse and
malnutrition according to a medical evaluation,” that “[t]here is no record that
[Mother or T.S.] sought medical treatment for [Child],” and Child’s “physical
or mental health is seriously endangered due to injury by the act or omission of
the child’s parents.” Appellant’s App. at 42-43. During the CHINS proceedings,
Child was initially placed in short-term foster care, but was later placed with
relatives in Kentucky. On October 30, 2013, the juvenile court held a
dispositional hearing and ordered reunification services. T.S. was ordered to:
refrain from having contact with Child; keep DCS informed of his criminal
status; execute any necessary releases of information; and inform DCS and the
court appointed special advocate (“CASA”) of his address, phone number, and
employment.
[8] On February 18, 2015, the juvenile court changed the permanency plan from
reunification to termination of parental rights and adoption, and on or around
February 25, 2015, DCS filed a petition for termination of T.S.’s parental
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rights.1 On April 27, 2015, the juvenile court held a fact-finding hearing on the
termination petition. At the hearing, the following testimony was presented.
Sergeant Havlin testified that he first met T.S. in August 2013, when he was
called to the Hospital, and he was involved in the ensuing investigation of
Ni.B.’s death. It was determined that Ni.B. died of blunt force trauma, and
T.S. was charged with murder; T.S. also faced neglect of a dependent charges
for injuries to Child and N.B. Sergeant Havlin testified that T.S. admitted to
being present at the time that the children were abused. He also testified that
T.S. had a juvenile and adult criminal history, and the adult criminal history
included battery on Mother when she was pregnant.
[9] FCM Swistek testified that, although paternity was never established, both
Mother and T.S. believed that T.S. is Child’s father. CASA Fred Connor
(“CASA Connor”) similarly testified that, although paternity was not
established, “it has never been denied.” Tr. at 47. FCM Swistek explained that
paternity was not established during this case because T.S. was incarcerated in a
high security area of the LaPorte County Jail, and the authorities were not
willing to transport him for testing. For that same reason, services such as
therapy were not available to T.S. because “as long as he was in a high security
area, we are not allowed to send [in a] therapist and the jail will not allow us to
have people come and visit him.” Id. at 39. FCM Swistek testified that she sent
progress reports to T.S. in jail, as well as court orders, but T.S. never contacted
1
On February 10, 2015, Mother executed a waiver of notice and consent to adoption of Child.
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her while he was incarcerated to ask about Child, and he only inquired about
services once, after the termination petition was filed. Id.
[10] FCM Swistek testified that she was at the Hospital when Child and her half-
siblings were brought there. Child had three burns to her neck, which the
doctor concluded were cigarette burns. N.B. was “a lot worse,” with a broken
rib, numerous bruises, burn marks and scars on his body, bruises to his genital
area, and a black eye. Id. at 15. Both Child and N.B. were malnourished and
dehydrated.
[11] Child and N.B. were placed with foster mother C.G. from August 2013 to
October 2014. C.G. testified at the termination hearing, describing that, at first,
Child clung to her, and Child would hit or bite anyone that came close to her,
especially a male. Id. at 42. Child also suffered from night terrors. At the time
of removal, she was eleven months old and her only words were “stop it.” Id.
After about a month in the foster home, Child’s night terrors quit, and a couple
months later, her hitting and biting decreased. When Child left C.G.’s care,
Child was a “very loving” and “[v]ery awesome, beautiful child.” Id. at 43. In
October 2014, Child and N.B. were placed with a relative in Kentucky. As of
the termination hearing, Child no longer experienced night terrors and was
“doing well.” Id. at 32. CASA Connor observed that Child and N.B. were
bonded and “very close[.]” Id. at 47.
[12] Prior to incarceration, T.S. was convicted of battering Mother. As part of that
criminal proceeding, T.S. was ordered to, but did not, complete anger
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management programming, which FCM Swistek considered important because
information gained throughout the case informed her that T.S. “does have
issues with anger management,” and the court-ordered counseling “would have
benefited him.” Id. at 28. FCM Swistek expressed concern about T.S.’s battery
conviction because when he committed the offense, “[M]other was pregnant
and there was no regard for the life she was carrying.” Id. at 38. FCM Swistek
testified that, even if T.S. were to be released from incarceration soon, she
would not place Child in his care because of “his violent history[,] his past[,]
and the allegations that are against him.” Id. at 29.
[13] FCM Swistek testified that it was her opinion that there was a reasonable
probability that the conditions that led to Child’s removal would not be
remedied and that continuation of the parent-child relationship posed a threat
to Child’s well-being because “[T.S.] has an unpredictable violent history” and
he has not completed, at any time, services to address that. Id. at 30. She also
testified that it was in Child’s best interests for T.S.’s parental rights to be
terminated. CASA Connor agreed and testified that termination of the parent-
child relationship “absolutely” was in Child’s best interests, noting that Child’s
current home provided “a safe, loving family environment” and family support.
Id. at 49. FCM Swistek testified that Child and N.B. were in a stable and loving
home and had established roots there and that DCS’s plan for Child was
adoption. Id.
[14] On May 12, 2015, the juvenile court issued its findings of fact, conclusions, and
order terminating T.S.’s parental rights to Child. He now appeals.
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Discussion and Decision
I. Jurisdiction
[15] T.S. asserts that, because his paternity was never established, the juvenile court
“lacked jurisdiction over [him.]” Appellant’s Br. at 4. Initially, we observe that a
defendant can waive the lack of personal jurisdiction and submit himself to the
jurisdiction of the court if he or she responds or appears and does not contest
the lack of jurisdiction. Thomison v. IK Indy, Inc., 858 N.E.2d 1052, 1055 (Ind.
Ct. App. 2006). Here, there is no indication that T.S. contested the juvenile
court’s personal jurisdiction over him during the CHINS or termination
proceedings. Rather, the record reflects that counsel entered an appearance on
T.S.’s behalf and represented him in both the CHINS and the termination
proceedings, T.S. appeared in person or by video conference at most or all of
the CHINS and termination hearings, and T.S. agreed to the juvenile court’s
dispositional order. See Appellant’s App. at 38 (stating that Mother and T.S.
“agree to the dispositional orders”). T.S. appeared in person and by counsel at
the termination hearing. Accordingly, T.S. submitted to the jurisdiction of the
juvenile court, and the issue is waived for appellate consideration. Waiver
notwithstanding, we conclude T.S.’s claim fails on its merits.
[16] T.S.’s argument is not that the termination statutes preclude termination of an
alleged parent’s rights. Rather, T.S.’s position is that the juvenile court did not
have jurisdiction to enter a CHINS dispositional order – “compelling [his]
cooperation and participation” with DCS – and “because the [juvenile] court
lacked jurisdiction to issue the Dispositional/Parental Participation Order,” the
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subsequent termination order was premised on a “defective” dispositional
order. Appellant’s Br. at 4, 7. T.S. acknowledges that he “did not raise any
objection based on the court’s lacking jurisdiction over T.S.” either at the entry
of the dispositional order2 or after the termination petition was filed, but argues
that the juvenile court, by issuing a “defective” dispositional order, and later
terminating T.S.’s rights, failed to comply with the statutory conditions
precedent to the termination of parental rights and thus committed fundamental
error. Id.; see In re D.D., 962 N.E.2d 70, 75 (Ind. Ct. App. 2011) (trial court’s
failure to ensure that State has fully complied with statutory mandates of
termination statutes is fundamental error). Here, we find no error, fundamental
or otherwise.
[17] In support of his position that the juvenile court lacked jurisdiction over him
and could not issue a dispositional decree, T.S. cites to Indiana Code section
31-9-2-88 (“Section 88”), which is within the “Definitions” article of the Family
and Juvenile Law title of the Indiana Code. T.S. states that Section 88 defines a
“parent” as a “biological or adoptive parent,” thus excluding him because he is
an alleged parent. He also refers us to In re M.R. v. Ind. Dep’t of Child Servs., 934
N.E.2d 1253, 1255 (Ind. Ct. App. 2010), where this court, relying on Section
88, held that a juvenile court in a CHINS proceeding did not have authority to
2
“The time for appealing an issue in a CHINS proceeding commences when the dispositional decree is
entered.” Smith v. Marion Cnty Dep’t Pub. Welfare, 635 N.E.2d 1144, 1148 (Ind. Ct. App. 1994), trans. denied.
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enter a parental participation decree against an alleged father whose paternity
had not been established.
[18] As the State points out, our Legislature amended Section 88, effective July
2011, which we note was after In re M.R. was decided, and the definition of
“parent” for purposes of Indiana Code chapters 31-35-2, 31-34-16, and 31-34-
20,3 among others, now includes “an alleged father.” See Ind. Code § 31-9-2-
88(b). Thus, the juvenile court in this case had the authority to enter a
dispositional order requiring T.S., an alleged father, to engage in and complete
services; therefore, the dispositional order was not defective, and T.S.’s
argument – that the termination relied on a defective dispositional order – fails.
[19] Furthermore, the trial court’s subsequent termination order did not rely entirely
on the dispositional order. That is, even if it was defective, the disputed
dispositional order was not the sole basis upon which the juvenile court relied
when it terminated T.S.’s parental rights. T.S. acknowledges as much, stating,
“[T]he trial court concluded that the termination . . . was proper, in part,
because [Child] had been removed under [the] dispositional order for at least six
(6) months under a dispositional decree[.]” Appellant’s Br. at 7 (emphasis
added). In any event, and contrary to T.S.’s claim that “[a] juvenile court
cannot terminate a man’s parental rights if his parental rights were never
3
Indiana Code chapter 31-35-2 concerns termination of parental rights to a delinquent child or a child in
need of services, and Indiana Code chapters 31-34-16 and 31-24-20 concern, respectively, a petition for
parental participation in a CHINS proceeding and a CHINS dispositional decree in which a juvenile court
can order a child’s parent to participate in services.
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established,” Appellant’s Br. at 5, a number of Indiana cases have recognized
that it is not mandatory to establish paternity before terminating parental rights.
See In re S.M., 840 N.E.2d 865, 870 (Ind. Ct. App. 2006) (evidence, including
putative father’s failure to establish paternity or demonstrate fitness as parent,
supported termination of putative father’s parental rights); In re C.C., 788
N.E.2d 847, 855 (Ind. Ct. App. 2003) (evidence sufficient to terminate putative
father’s parental rights), trans. denied; Young v. Elkhart Office of Family & Children,
704 N.E.2d 1065, 1068 (Ind. Ct. App. 1999) (judgment terminating putative
father’s parental rights was not clearly erroneous); In re K.H., 688 N.E.2d 1303,
1305 (Ind. Ct. App. 1997) (paternity did not have to be established before
terminating parental rights); In re A.C.B., 598 N.E.2d 570, 572 (Ind. Ct. App.
1992) (recognizing that statutes governing termination of parental rights do not
require adjudication of paternity prior to termination). Accordingly, T.S. has
failed to establish that the juvenile court did not have jurisdiction over him, did
not have authority to issue the dispositional order, and could not thereafter
terminate his parental rights to Child.
II. Sufficiency of Evidence
[20] As our Supreme Court has recently reiterated, “Decisions to terminate parental
rights are among the most difficult our trial courts are called upon to make.
They are also among the most fact-sensitive—so we review them with great
deference to the trial courts[.]” In re E.M., 4 N.E.3d 636, 640 (Ind. 2014).
When reviewing a termination of parental rights case, we will not reweigh the
evidence or judge the credibility of the witnesses. In re H.L., 915 N.E.2d 145,
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149 (Ind. Ct. App. 2009). 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. Id. at 148-49.
[21] Here, in terminating T.S.’s parental rights to Child, the juvenile court entered
specific findings and conclusions. When a trial court’s judgment contains
specific findings of fact and conclusions thereon, we apply a two-tiered standard
of review. In re B.J., 879 N.E.2d 7, 14 (Ind. Ct. App. 2008), trans. denied. First,
we determine whether the evidence supports the findings, and second, we
determine whether the findings support the judgment. Id. A finding is clearly
erroneous only when the record contains no facts or inferences drawn therefrom
that support it. Id. If the evidence and inferences support the trial court’s
decision, we must affirm. A.D.S. v. Ind. Dep’t of Child Servs., 987 N.E.2d 1150,
1156 (Ind. Ct. App. 2013), trans. denied.
[22] The traditional right of parents to establish a home and raise their children is
protected by the Fourteenth Amendment to the United States Constitution. Id.
at 1155. These parental interests, however, are not absolute and must be
subordinated to the child’s interests when determining the proper disposition of
a petition to terminate parental rights. In re H.L., 915 N.E.2d at 149. In
addition, 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
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be terminated when a parent is unable or unwilling to meet his or her parental
responsibilities. In re J.C., 994 N.E.2d 278, 283 (Ind. Ct. App. 2013).
[23] Before an involuntary termination of parental rights may occur, the State is
required to allege and prove, among other things:
(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 State’s burden of proof for establishing these
allegations in termination cases “is one of ‘clear and convincing evidence.’” In
re H.L., 915 N.E.2d at 149. Moreover, if the court finds that the allegations in a
petition described in section 4 of this chapter are true, the court shall terminate
the parent-child relationship. Ind. Code § 31-35-2-8(a) (emphasis added).
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[24] T.S. argues that DCS failed to prove the required elements for termination by
sufficient evidence. Specifically, he contends that DCS failed to present
sufficient evidence that the conditions that resulted in Child being removed or
the reasons for her placement outside the home would not be remedied. T.S.
also argues that DCS failed to present sufficient evidence that the continuation
of the parent-child relationship posed a threat to Child’s well-being.4
Remediation of Conditions
[25] In determining whether there is a reasonable probability that the conditions that
led to a child’s removal and continued placement outside the home would not
be remedied, we engage in a two-step analysis. K.T.K. v. Ind. Dep’t of Child
Servs., 989 N.E.2d 1225, 1231 (Ind. 2013). First, we must ascertain what
conditions led to the child’s placement and retention in foster care, and, second,
we determine whether there is a reasonable probability that those conditions
will not be remedied. Id. In the second step, the trial court must judge a
parent’s fitness at the time of the termination proceeding, taking into
consideration evidence of changed conditions and balancing a parent’s recent
improvements against “‘habitual pattern[s] of conduct to determine whether
there is a substantial probability of future neglect or deprivation.’” In re E.M., 4
N.E.3d at 643 (quoting K.T.K., 989 N.E.2d at 1231). Pursuant to this rule,
4
T.S. does not assert that DCS failed to prove that termination was not in Child’s best interest or that there
was not a satisfactory permanency plan in place for Child. Accordingly, he has waived any challenge to
those elements of the termination statute. Ind. Appellate Rule 46(A)(8)(a).
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“trial 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.” A.F. v. Marion Cnty. Office of
Family & Children, 762 N.E.2d 1244, 1251 (Ind. Ct. App. 2002), trans. denied. In
addition, DCS need not provide evidence ruling out all possibilities of change;
rather, it need establish only that there is a reasonable probability the parent’s
behavior will not change. In re Kay L., 867 N.E.2d 236, 242 (Ind. Ct. App.
2007). “We entrust that delicate balance to the trial court, which has discretion
to weigh a parent’s prior history more heavily than efforts made only shortly
before termination.” In re E.M., 4 N.E.3d at 643. Although trial courts are
required to give due regard to changed conditions, this does not preclude them
from finding that a parent’s past behavior is the best predictor of their future
behavior. Id.
[26] Here, Child was removed from the home on August 15, 2013, after DCS
received the autopsy report and learned that Child’s two-year-old half-brother,
Ni.B., had died of blunt force trauma and that T.S. was the suspected
perpetrator. The medical examination at the Hospital revealed that Child had
cigarette burns to her neck and her half-sibling, N.B., also displayed signs of
abuse, including, scars and burn marks appearing “throughout his entire body,”
a severely bruised genital area, and a black eye. Tr. at 15. The two of them
were also malnourished and dehydrated. There is no evidence that T.S. or
Mother had sought or obtained medical treatment for Child or her half-siblings.
In fact, T.S. and Mother were uncooperative with DCS, such that DCS was
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required to obtain a detention order to bring Child and N.B. to the Hospital for
a check on their wellness. A couple of months later, T.S. was arrested on
charges of murder for the death of Ni.B. and neglect of a dependent stemming
from the abuse and neglect of Child and N.B. Child was never returned to
Mother’s or T.S.’s care because they were incarcerated throughout the CHINS
and termination proceedings. Child’s continued placement outside of T.S.’s
care was due to his continuing incarceration, which rendered T.S. incapable of
providing Child with food, clothing, shelter, and other basic life necessities. At
the time of the April 2015 termination hearing, these conditions had not been
remedied. T.S. was expected to go to trial on his pending charges in June 2016.
As we previously stated in another case involving an incarcerated parent,
“[e]ven assuming that [father] will eventually develop into a suitable parent, we
must ask how much longer [the child] should have to wait to enjoy the
permanency that is essential to her development and overall well-being.” Castro
v. State Office of Family & Children, 842 N.E.2d 367, 375 (Ind. Ct. App. 2006)
(concluding that trial court did not commit clear error in finding conditions
leading to child’s removal from father would not be remedied where father,
who had been incarcerated throughout CHINS and termination proceedings,
was not expected to be released until after termination hearing), trans. denied.
[27] T.S. also had a criminal history, which included violence on Child’s then-
pregnant Mother. As part of that criminal proceeding, T.S. was ordered to
complete anger management programming, but never did so. FCM Swistek
testified that she was concerned about T.S.’s violent tendencies, beginning in
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his youth, and his failure to address those issues. T.S. was housed in a high-
security segregated part of the jail and, therefore, was not able to receive
services or establish paternity. However, the testimony presented was that T.S.
held himself out as being Child’s father, and there was no evidence he denied
paternity at any time. Indeed, he agreed to the juvenile court’s CHINS
dispositional order. Despite being aware of the CHINS and termination
proceedings, T.S. did not contact FCM Swistek to inquire about Child’s
whereabouts, health, or status, except one time after the termination
proceedings had been filed. FCM Swistek testified that in her opinion there
was not a reasonable probability that the problems that led to removal would be
remedied. CASA Connor stated likewise. Based on the evidence presented, we
cannot say that the juvenile court clearly erred in concluding that there is a
reasonable probability that the conditions that resulted in Child’s placement
outside the home will not be remedied.
Threat to Well-Being
[28] T.S. also contends that DCS failed to prove by clear and convincing evidence
that there was a reasonable probability that the continuation of the parent-child
relationship posed a threat to the well-being of Child. However, we need not
address such argument. Indiana Code section 31-35-2-4(b)(2)(B) is written such
that, to properly effectuate the termination of parental rights, the juvenile court
need only find that one of the three requirements of subsection (b)(2)(B) has
been established by clear and convincing evidence. A.D.S., 987 N.E.2d at 1156.
Therefore, as we have already determined that sufficient evidence supported the
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conclusion that the conditions that resulted in the removal of Child would not
be remedied, it is not necessary for us to address any argument as to whether
sufficient evidence supported the conclusion that the continuation of the parent-
child relationship posed a threat to the well-being of Child.
[29] That said, DCS presented evidence that T.S. exhibited violent behaviors when
he was a child. Later, he was convicted as an adult of battering Mother when
she was pregnant. He failed to seek or obtain any anger management services,
although he was court-ordered to do so. Thereafter, three children living with
T.S., were each found to have injuries consistent with physical abuse, and one
of those children died as a result of that abuse. T.S. is facing murder charges
stemming from that death, as well as other charges related to Child’s injuries.
Child’s first foster mother, C.G., testified that when Child was initially placed
with her, Child would bite and hit any individual that came near her,
particularly a male, and Child’s only words were “stop it.” Tr. at 42. However,
after some time at the foster home, Child quit hitting and biting people, and she
became a loving child. We have recognized, “[A] trial court need not wait until
a child is irreversibly influenced by a deficient lifestyle such that her physical,
mental, and social growth is permanently impaired before terminating the
parent-child relationship.” In re A.F., 762 N.E.2d at 1253. Here, T.S. has not
demonstrated that the juvenile court’s conclusion that continuation of the
parent-child relationship poses a threat to Child’s well-being is clearly
erroneous.
Court of Appeals of Indiana | Memorandum Decision 46A05-1506-JT-629 | January 29, 2016 Page 18 of 19
[30] We will reverse a termination of parental rights only upon a showing of “clear
error” – that which leaves us with a definite and firm conviction that a mistake
has been made. In re A.N.J., 690 N.E.2d 716, 722 (Ind. Ct. App. 1997). Based
on the record before us, we cannot say that the juvenile court’s termination of
T.S.’s parental rights to Child was clearly erroneous. We, therefore, affirm the
juvenile court’s judgment.
[31] Affirmed.
Mathias, J., and Brown, J., concur.
Court of Appeals of Indiana | Memorandum Decision 46A05-1506-JT-629 | January 29, 2016 Page 19 of 19