In the Termination of the Parent-Child Relationship of T.T.H. (Minor Child), N.M.H. v. Indiana Department of Child Services (mem. dec.) ( 2017 )


Menu:
  • MEMORANDUM DECISION
    Pursuant to Ind. Appellate Rule 65(D),
    this Memorandum Decision shall not be                                  FILED
    regarded as precedent or cited before any
    Feb 28 2017, 7:52 am
    court except for the purpose of establishing
    the defense of res judicata, collateral                                CLERK
    Indiana Supreme Court
    estoppel, or the law of the case.                                     Court of Appeals
    and Tax Court
    ATTORNEY FOR APPELLANT                                  ATTORNEYS FOR APPELLEE
    Timothy E. Stucky                                       Curtis T. Hill, Jr.
    Stucky, Lauer & Young, LLP                              Attorney General of Indiana
    Fort Wayne, Indiana
    Robert J. Henke
    Deputy Attorney General
    Marjorie Newell
    Deputy Attorney General
    Indianapolis, Indiana
    IN THE
    COURT OF APPEALS OF INDIANA
    In the Termination of the Parent-                       February 28, 2017
    Child Relationship of T.T.H.                            Court of Appeals Case No.
    (Minor Child),                                          02A03-1606-JT-1457
    Appeal from the Allen Superior
    N.M.H.,                                                 Court
    Appellant-Respondent,                                   The Honorable Charles F. Pratt,
    Judge
    v.                                              The Honorable Lori K. Morgan,
    Magistrate
    Indiana Department of Child                             Trial Court Cause No.
    Services,                                               02D08-1507-JT-91
    Appellee-Petitioner.
    Court of Appeals of Indiana | Memorandum Decision 02A03-1606-JT-1457 | February 28, 2017   Page 1 of 19
    Najam, Judge.
    Statement of the Case
    [1]   N.M.H. (“Mother”) appeals the trial court’s termination of her parental rights
    over her minor child, T.T.H. (“Child”). Mother raises two issues for our
    review, which we restate as follows:
    1. Whether the trial court’s conclusion that Mother would not
    remedy the reasons for Child’s continued removal from her
    care was clearly erroneous.
    2. Whether the trial court’s conclusion that termination of
    Mother’s parental rights was in Child’s best interest was
    clearly erroneous.
    [2]   We affirm.
    Facts and Procedural History
    [3]   Mother gave birth to Child on August 4, 2012.1 On October 25, 2012, Mother
    brought Child to Parkview Hospital where child was admitted due to a cyanotic
    episode. Doctors prescribed an apnea monitor for Child. While Child was in
    the hospital, Mother repeatedly removed the apnea monitor from Child, despite
    hospital instructions to leave the monitor on. While staying with Child at the
    hospital, Mother slept with Child in Child’s bed and with the blanket pulled
    1
    Child’s father has not been identified but is alleged to be D.M., who has not participated in this appeal.
    Court of Appeals of Indiana | Memorandum Decision 02A03-1606-JT-1457 | February 28, 2017              Page 2 of 19
    over Mother’s and Child’s heads, despite hospital instructions that Mother not
    sleep with Child in this manner. During that hospital stay, Mother also yelled
    profanities into an empty hospital room. Due to Mother’s behavior, a member
    of the hospital staff called the Indiana Department of Child Services (“DCS”),
    and the Child’s doctor recommended that the Child not be released to Mother
    upon Child’s discharge from the hospital.
    [4]   Mother has a history of involvement with DCS, including: a 2002 case
    involving another of Mother’s children that was closed with a change of
    custody to a non-custodial parent; a 2007 case involving another of Mother’s
    children that closed with an involuntary termination of parental rights; and a
    2008 case involving another of Mother’s children that closed with a
    guardianship over the child. In 2005, Mother was diagnosed with Post
    Traumatic Stress Disorder (“PTSD”), Psychotic Distress with dissociate
    symptoms, and Personality Disorder traits.
    [5]   On October 31, 2012, DCS filed a Child in Need of Services (“CHINS”)
    petition alleging that Mother was unable or unwilling to appropriately provide
    care and support for Child and removed Child from Mother’s care. The court
    ordered Mother to have supervised visitation with Child. On February 26,
    2013, the trial court adjudicated Child to be a CHINS and entered dispositional
    and parental participation decrees ordering Mother to, among other things:
    -   Maintain contact with DCS;
    Court of Appeals of Indiana | Memorandum Decision 02A03-1606-JT-1457 | February 28, 2017   Page 3 of 19
    -   Provide caseworkers with signed and current consents of
    release and exchange of information;
    -   Attend and appropriately participate in all visits with Child in
    a supervised, therapeutic setting;
    -   Submit to a diagnostic assessment at Park Center and follow
    all recommendations;
    -   Take all medications as prescribed;
    -   Obtain a Family Functioning Assessment at Caring About
    People, Inc.; and
    -   Participate in medication review at Park Center and follow all
    recommendations.
    Appellant’s App. at 35-43.
    [6]   On April 16, 2013, the court issued a review order finding that Mother had
    complied with services but that they had not been fully completed at that time.
    On August 25, 2014, the court issued a Permanency Plan Order approving a
    plan of granting custody of Child to her maternal great aunt, Mary Sneed.
    However, that potential family placement did not occur and, at a Detention
    Hearing on October 22, the court continued Child in licensed foster care and
    instructed DCS to investigate the possibility of placing Child with other family
    members. Mother continued to have supervised visitation with Child in a
    therapeutic setting.
    Court of Appeals of Indiana | Memorandum Decision 02A03-1606-JT-1457 | February 28, 2017   Page 4 of 19
    [7]   Some time in October 2014, Mother moved to Los Angeles, California and did
    not return to Fort Wayne until July 2015. While in California, Mother
    contacted Family Case Manager (“FCM”) Stacey Kammer on three occasions
    in December 2014, March 2015, and May 2015.
    [8]   At a review hearing on February 17, 2015, the court reaffirmed the permanency
    plan of placing Child with Sneed. However, that placement once again failed.
    On April 28, the trial court issued a permanency plan order in which it found
    that Mother had “failed to enroll or satisfactorily participate in the services and
    programs required in the dispositional decree,” and it changed Child’s
    permanency plan to termination of parental rights and adoption. DCS Ex. 17.
    DCS filed its petition for involuntary termination of parental rights on
    September 9, 2015, and a trial on that petition was held on February 9 and
    March 1, 2016. At trial, FCM Kammer testified that, at the time of trial, DSC
    had placed Child in a pre-adoptive home with her half-brother. Kammer
    testified that Child had been in that home for about a month and a half and that
    Child was “interacting well with the family. She’s going to dance class learning
    the recreational activities. She’s reportedly happy and doing well.” Tr. at 40.
    [9]   On May 31, the trial court entered the following relevant findings and
    conclusions in support of terminating Mother’s parental rights:
    3. The child, [T.H.], has been removed from her parent(s) for at
    least six (6) months under a Dispositional Decree of the Allen
    Superior Court, dated February 26, 2013.
    Court of Appeals of Indiana | Memorandum Decision 02A03-1606-JT-1457 | February 28, 2017   Page 5 of 19
    4. It is established by clear and convincing evidence that the
    allegations of the Petition are true in that there is a reasonable
    probability that the conditions that resulted in the child’s removal
    and the reasons for the placement outside the parent’s home will
    not be remedied, and/or that continuation of the parent/child
    relationship poses a threat to the well-being of the child.
    At the time of the initiation of the proceedings in the underlying
    Child in Need of Services proceedings, [Mother] had taken the
    child to the hospital for treatment and the hospital staff was
    concerned about her mental status and her ability to
    appropriately care for the child.
    The child was removed from the mother’s home at the
    Preliminary Inquiry Hearing that was held in the Allen Superior
    Court on November 1, 2012, and was adjudicated to be a Child
    in Need of Services on February 26, 2013. A Parent
    Participation Plan was entered by the Court as part of its
    Dispositional Order on February 26, 2013. The requirements of
    the Parent Participation Plan were designed to assist the mother
    in remedying the reasons for the child’s removal and reasons for
    placement outside of the home. Specifically, [DCS] made a
    referral to Park Center for the mother to complete a Clinical
    Assessment. She completed the Clinical Assessment and
    psychiatric medication evaluations, home based services[,] and
    individual therapy were recommended. She failed to regularly
    participate in medication evaluations and sometimes her
    therapist had to remind her that she needed to go to the
    appointments so that she could receive her injections. [Mother]
    failed to regularly participate in home based services as well. The
    last therapy session that she participated in was in August of
    2015. During the therapy sessions, the mother and her therapist
    had set goals of working on coping skills to help the mother
    manage anxiety, depression and the voices that she was hearing.
    Unfortunately, the mother only participated in 2 sessions with
    the therapist. While the mother was at Park Center just prior to
    Court of Appeals of Indiana | Memorandum Decision 02A03-1606-JT-1457 | February 28, 2017   Page 6 of 19
    her second therapy session, she got into an argument with a Park
    Center client in the lobby. She informed the therapist that she
    was hearing voices that were causing her a great deal of distress
    and informed her therapist that if staff had not intervened, she
    may have gotten into a physical altercation with the other client.
    Following the incident, the therapist was able to convince the
    mother to go to Parkview Behavioral Health for treatment.
    During the trial, the therapist testified that if the mother had not
    voluntarily sought treatment at Parkview Behavioral, she would
    have initiated proceedings for an involuntary commitment
    because she was concerned about the mother’s safety as well as
    the safety of the community. The police had to be called to the
    scene at the time of the mother’s second therapy appointment
    because of the safety concerns.
    The mother left Fort Wayne in October of 2014 and moved to
    Los Angeles. She did not return to Fort Wayne until July of
    2015. During that timeframe, she had sporadic contact with
    [DCS]. While in Los Angeles, the mother’s housing was not
    stable, she lived with her mother and sister for a short period of
    time, lived in a homeless shelter and lived in a group home for
    persons with mental illnesses. Additionally, while residing in
    Los Angeles, the mother was hospitalized in a mental health
    treatment facility for a period of time. [DCS] has requested the
    mental health records from her inpatient stay while residing in
    Los Angeles and the mother has refused to provide the
    information.
    Throughout the course of the underlying CHINS proceedings
    there were significant concerns about the mother’s mental health
    status. She had inpatient stays at mental health facilities in
    December of 2014, December of 2015, and January of 2016. She
    reports that she has been diagnosed with bi-polar disorder,
    personality disorder, schizo-affective disorder and post-traumatic
    stress disorder. Her therapist advised that she sometimes stops
    taking her medications because she feels that she does not need
    Court of Appeals of Indiana | Memorandum Decision 02A03-1606-JT-1457 | February 28, 2017   Page 7 of 19
    them and when she does stop taking her medications, her
    behavior declines and the voices that she hears get louder and
    more commanding. There is no doubt that [Mother] loves
    [Child;] however, she has serious mental illnesses for which she
    is unwilling or unable to receive treatment. When she is not
    receiving the proper treatment through therapy and medication
    intervention, her behavior deteriorates and she begins to hear
    voices. On at least one occasion when she was not taking her
    medication, she began to hear voices and almost got into a
    physical altercation with another client at Park Center. The
    mother was hospitalized at Parkview Behavioral immediately
    following the incident because of concerns about her behavior,
    safety[,] and the safety of others.
    The child has been removed from her mother’s home since
    November of 2012. She is in need of permanency and stability
    now and should not be required to wait any longer for her
    parents to successfully remedy the reasons for her removal from
    the home and the reasons for continued placement outside of the
    home. At the time of the initiation of the underlying CHINS
    proceedings, there were concerns about the mother’s mental
    health and her ability to provide care for the child. At the time of
    the hearing on the Petition for Termination, there continued to
    be concerns about her mental health, stability[,] and ability to
    provide for the child. Additionally, there are concerns for the
    safety of the child if she were to be returned to the mother in light
    of her refusal to regularly participate in treatment to address her
    mental health diagnoses and her aggression when she is not
    receiving treatment.
    ***
    Neither the mother nor the alleged or unknown fathers [sic] have
    remedied the reasons for removal and placement of the child
    outside of the parents’ home. The mother has been provided
    with services that were designed to assist her in remedying the
    Court of Appeals of Indiana | Memorandum Decision 02A03-1606-JT-1457 | February 28, 2017   Page 8 of 19
    reasons for removal and to assist her in providing for the basic
    necessities of a suitable home for the raising of the child[;]
    however, due to her mental illness, she has not remedied the
    reasons for removal. There continue to be concerns about the
    safety of the child were she to be reunified with the mother due to
    her untreated mental illness.
    Accordingly, the Magistrate find[s] that [DCS] has proven by
    clear and convincing evidence that there is a reasonable
    probability that conditions that resulted in the child’s removal
    from the home will not be remedied and/or that continuation of
    the parent/child relationship poses a threat to the well-being of
    the child.
    5. Termination of parental rights is in the best interests of the
    child, [T.T.H.], in that the mother, [N.H.], . . . [has] shown over
    the course of the related CHINS cause, and in the fact of a
    treatment plan or plans, and numerous specific services made
    available and/or provided, that said parents continue to be
    unable, refuse, or neglect to provide for the basic necessities of a
    suitable home for the raising of said child.
    The underlying CHINS proceedings were initiated because of
    concerns about [Mother’s] mental health status and her ability to
    provide care for her child. At the time of the hearing on the
    Petition for Termination, she had had several hospitalizations at
    mental health facilities, yet failed to provide the DCS with
    records from each hospitalization so that they could ensure that
    she received the treatment that she needed in order to provide for
    herself and her child and to ensure the safety of the child in her
    care. She testified that she was unsure as to why she was
    hospitalized on those occasions and with respect to one of the
    hospitalizations, she could not remember whether she sought the
    treatment herself or whether she was involuntarily committed.
    Park Center’s advance practice nurse testified at trial and advised
    that the mother’s admission to Parkview Behavioral in August-
    Court of Appeals of Indiana | Memorandum Decision 02A03-1606-JT-1457 | February 28, 2017   Page 9 of 19
    September of 2015 was as a result of an involuntary
    commitment.
    [Mother] admitted to her therapist [and] treatment providers and
    admitted in court that she sometimes hears voices and admitted
    to her therapist that she sometimes talks to the voices. Treatment
    providers have prescribed medication to assist her with her
    diagnosis[;] however, she has not regularly taken her medication
    as prescribed and has failed to participate in therapy to treat her
    diagnosis. She has become angry with service providers involved
    in her case when they have made suggestions that she does not
    agree with and has frequently requested that she be permitted to
    change treatment providers. These frequent changes have
    interfered with her ability to make progress with her treatment
    and therapy. As an example, after her second therapy
    appointment at Park Center, where she was subsequently taken
    to Parkview Behavioral for treatment, the mother became angry
    with her therapist for reporting the incident to [DCS] and at the
    time of the termination hearing had not participated in therapy
    since August of 2015. She requested that her services be
    switched to another agency yet services had not begun as of the
    first day of the termination trial.
    The mother’s visits with the child have been put on hold on at
    least two (2) occasions during the underlying CHINS
    proceedings. The last time that the mother’s visits were put on
    hold was in early January of 2016[;] however, [visits] were
    reinstated shortly after they were placed on hold. The mother
    visited with the child three (3) times in the month of January in
    2016. The SCAN visitation supervisor advised that when the
    mother’s visits started in February of 2016, she noticed signs of
    mental illness. On one occasion in February of 2016, [Mother]
    informed the visitation supervisor that she thought that people
    were trying to hurt her and her daughter. The mother failed to
    appear and did not call to cancel the next scheduled visit in
    February[;] however, [she] later called the visitation supervisor
    Court of Appeals of Indiana | Memorandum Decision 02A03-1606-JT-1457 | February 28, 2017   Page 10 of 19
    asking about when her next visit was and told the supervisor that
    she was frustrated [and] overwhelmed and that she did not want
    to do visits anymore. In March of 2016, the mother called the
    visitation supervisor and advised that she wanted her visits to
    resume.
    [Mother] is the mother of four other children. None of the other
    children are currently in her care as she is unable to provide for
    them due to her mental illness. From the testimony at trial, it is
    clear that [Mother] is unable to care for [Child] due to her mental
    illness. Although she has participated in some of the services that
    she was ordered to participate in, she has failed to participate in
    and benefit from the services that were designed to assist her in
    addressing her mental health issues—a significant reason for her
    initial involvement with the DCS. When she is not taking her
    medication, her behavior becomes sometimes hostile with others
    and she has required mental health treatment at mental health
    facilities.
    ***
    Accordingly, the Magistrate finds that the DCS has proven by
    clear and convincing evidence that termination of parental rights
    is in the best interests of the child, [T.T.H.], in that the mother,
    [N.H.], . . . [has] shown over the course of the related CHINS
    cause, and in the fact of a treatment plan or plans, and numerous
    specific services made available and/or provided, that . . . [she]
    continue[s] to be unable, refuse, or neglect to provide for the
    basic necessities of a suitable home for the raising of said child.
    6. The Allen County [DCS] has a satisfactory plan for the care
    and treatment of the child, which is placement of the child for
    adoption.
    Court of Appeals of Indiana | Memorandum Decision 02A03-1606-JT-1457 | February 28, 2017   Page 11 of 19
    ACCORDINGLY, THE MAGISTRATE RECOMMENDS
    THAT THE COURT ORDER, ADJUDGE AND DECREE:
    that parent/child relationship between [T.T.H.], the mother,
    [N.H.], . . . child, . . . be terminated . . . .
    Appellant’s App. at 72-76. The trial court adopted the above findings and
    recommendations as an order of the court, and this appeal ensued.
    Discussion and Decision
    Standard of Review
    [10]   Mother maintains that the trial court’s order terminating her parental rights was
    clearly erroneous. 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 Div. of Family & Children (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. Ofc. of Family & Children (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.
    Court of Appeals of Indiana | Memorandum Decision 02A03-1606-JT-1457 | February 28, 2017   Page 12 of 19
    [11]   Before an involuntary termination of parental rights can occur in Indiana, DCS
    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) [and] that termination is in the best interests of the child . . . .
    Ind. Code § 31-35-2-4(b)(2) (2016). DCS need establish only one of the
    requirements of subsection (b)(2)(B) before the trial court may terminate
    parental rights. 
    Id. 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).
    [12]   When reviewing a termination of parental rights, we will not reweigh the
    evidence or judge the credibility of the witnesses. Peterson v. Marion Cty. Ofc. of
    Family & Children (In re D.D.), 
    804 N.E.2d 258
    , 265 (Ind. Ct. App. 2004), trans.
    Court of Appeals of Indiana | Memorandum Decision 02A03-1606-JT-1457 | February 28, 2017   Page 13 of 19
    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. Ofc. of Family & Children (In re L.S.), 
    717 N.E.2d 204
    , 208
    (Ind. Ct. App. 1999). trans. denied.
    [13]   Here, in terminating Mother’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. Ofc. of Family & Children, 
    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
    .
    [14]   Mother does not specifically challenge the trial court’s findings of fact. 2 Rather,
    she contends that the trial court erred in its conclusions of law. Specifically, she
    alleges that the trial court erred in concluding: that DCS established that it had
    2
    Although Mother disputes that she experienced auditory hallucinations at the time of Child’s removal, the
    trial court did not find that as a fact or rely upon it in its decision. Appellant’s App. at 72-76. Moreover,
    Mother admitted that she has experienced auditory hallucinations, and that evidence, along with other
    witness testimony and reports, supports the trial court’s conclusion that Mother suffered from mental illness.
    Court of Appeals of Indiana | Memorandum Decision 02A03-1606-JT-1457 | February 28, 2017         Page 14 of 19
    a satisfactory plan for Child’s care and treatment; that she will not remedy the
    conditions that resulted in Child’s removal; that the continuation of the parent-
    child relationship poses a threat to the well-being of Child; and that termination
    is in the best interest of Child. Because Indiana Code Section 31-35-2-4(b)(2)(B)
    is written in the disjunctive, we only address whether the trial court erred in
    concluding that Mother will not remedy the conditions that resulted in Child’s
    removal and that termination is in Child’s best interest. But first we address
    Mother’s contention that DCS failed to establish that it had a satisfactory plan
    for Child’s care and treatment.
    Plan for Child’s Care and Treatment
    [15]   Mother contends that DCS failed to establish that it had a satisfactory plan for
    Child’s care and treatment because, at the time of the termination proceedings,
    Child had only been residing in the pre-adoptive home for one and one-half
    months and DCS had not yet made a visit to that home. Appellant’s Br. at 12,
    19. However, Mother concedes that the DCS plan for adoption could be a
    satisfactory plan after termination of her parental rights. 
    Id. at 17.
    We agree.
    See, e.g., Castro v. State Office of Family and Children, 
    842 N.E.2d 367
    , 373 n.2
    (Ind. Ct. App. 2006) (noting “adoption is generally a satisfactory plan”), trans.
    denied. Moreover, the evidence showed that Child was in a pre-adoptive home
    with a family member (her half-brother), and that Child was happy and doing
    well in the pre-adoptive home.
    Court of Appeals of Indiana | Memorandum Decision 02A03-1606-JT-1457 | February 28, 2017   Page 15 of 19
    Conditions that Resulted in Child’s Removal
    [16]   Mother maintains that the trial court erred in finding a reasonable probability
    that the conditions that resulted in Child’s removal will not be remedied. In
    support, she points to evidence that she did comply with some of the court’s
    requirements. However, Mother’s argument on appeal is simply a request that
    we reweigh the evidence, which we will not do. In re 
    D.D., 804 N.E.2d at 265
    .
    Instead, we must determine whether the evidence most favorable to the
    judgment supports the trial court’s conclusion. Id.; 
    Quillen, 671 N.E.2d at 102
    .
    [17]   In determining whether the evidence supports the trial court’s finding that
    Mother was unlikely to remedy the reasons for removal, we engage in a two-
    step analysis. E.M. v. Ind. Dep’t of Child Servs. (In re E.M.), 
    4 N.E.3d 636
    , 643
    (Ind. 2014). “First, we identify the conditions that led to removal; and second,
    we determine whether there is a reasonable probability that those conditions
    will not be remedied.” 
    Id. (quotations and
    citations omitted). In the second
    step, the trial court must judge a parent’s fitness to care for his or her children at
    the time of the termination hearing, taking into consideration evidence of
    changed conditions. 
    Id. 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 Cnty. 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
    Court of Appeals of Indiana | Memorandum Decision 02A03-1606-JT-1457 | February 28, 2017   Page 16 of 19
    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. [18] Mother
    does not dispute that Child was initially removed from her care due to
    the hospital’s concerns that her mental illness made her unable to appropriately
    care for Child. Mother admitted that she previously had been diagnosed with
    bipolar disorder, personality disorder, schizo-affective disorder and post-
    traumatic stress disorder. And the evidence showed that, at the time of the
    termination hearing, Mother had failed to remedy, and was unlikely to remedy
    in the future, her mental illness and resulting inability to care for Child.
    Although Mother had obtained some mental health treatment during the
    CHINS proceedings, she had failed to regularly participate in individual
    therapy, home-based services, and medication evaluations as required by the
    court. The undisputed evidence further demonstrated that Mother had had
    auditory hallucinations and that medication reduced the voices in her head
    from loud, angry voices to whispers. Tr. at 133. Yet, Mother failed to take her
    medications regularly.
    [19]   Moreover, Mother left Fort Wayne in October 2014 and remained in California
    until July 2015, but she had only sporadic contact with DCS and no visitation
    with Child in that time period. During the course of the CHINS proceedings,
    Mother had several inpatient hospital stays due to her mental illness, including
    while she was in California, but she refused to provide DCS with the mental
    health records from each hospitalization so that DCS could ensure she received
    the treatment she needed in order to provide for herself and Child. Given that
    Court of Appeals of Indiana | Memorandum Decision 02A03-1606-JT-1457 | February 28, 2017   Page 17 of 19
    evidence, we cannot say that the trial court erred in concluding that the
    conditions at the time of Child’s removal were not, and likely will not be,
    remedied.
    Best Interests
    [20]   In determining whether termination of parental rights is in the best interests of a
    child, the trial court is required to look at the totality of the evidence. A.S. v.
    Ind. Dep’t of Child Servs. (In re A.K.), 
    924 N.E.2d 212
    , 224 (Ind. Ct. App. 2010).
    “A parent’s historical inability to provide adequate housing, stability and
    supervision coupled with a current inability to provide the same will support a
    finding that termination of the parent-child relationship is in the child’s best
    interests.” Castro v. State Ofc. of Family & Children, 
    842 N.E.2d 367
    , 374 (Ind. Ct.
    App. 2006), trans. denied. “Additionally, a child’s need for permanency is an
    important consideration in determining the best interests of a child, and the
    testimony of the service providers may support a finding that termination is in
    the child’s best interests.” In re 
    A.K., 924 N.E.2d at 224
    . Such evidence, “in
    addition to evidence that the conditions resulting in removal will not be
    remedied, is sufficient to show by clear and convincing evidence that
    termination is in the child’s best interests.” L.S. v. Ind. Dep’t of Child Servs. (In re
    A.D.S.), 
    987 N.E.2d 1150
    , 1158-59 (Ind. Ct. App. 2013), trans. denied.
    [21]   Again, Mother’s contentions on this issue amount to requests that we reweigh
    the evidence, which we will not do. Both FCM Kammer and Julia McIntosh,
    Child’s Court Appointed Special Advocate (“CASA”), testified that termination
    of Mother’s parental rights is in Child’s best interest. Given that testimony, in
    Court of Appeals of Indiana | Memorandum Decision 02A03-1606-JT-1457 | February 28, 2017   Page 18 of 19
    addition to evidence that Child needs permanency and stability that Mother
    cannot provide and that the reasons for Child’s removal from Mother will not
    be remedied, we hold that the totality of the evidence supports the trial court’s
    conclusion that termination is in Child’s best interest. The trial court did not
    err when it terminated Mother’s parental rights to Child.
    [22]   Affirmed.
    Bailey, J., and May, J., concur.
    Court of Appeals of Indiana | Memorandum Decision 02A03-1606-JT-1457 | February 28, 2017   Page 19 of 19