S.C. v. Indiana Department of Child Services, Local Knox County Office (mem. dec.) ( 2017 )


Menu:
  • MEMORANDUM DECISION
    Pursuant to Ind. Appellate Rule 65(D),
    this Memorandum Decision shall not be
    regarded as precedent or cited before any                                FILED
    court except for the purpose of establishing                       May 16 2017, 10:54 am
    the defense of res judicata, collateral                                  CLERK
    estoppel, or the law of the case.                                    Indiana Supreme Court
    Court of Appeals
    and Tax Court
    ATTORNEY FOR APPELLANT                                   ATTORNEYS FOR APPELLEE
    Jonathan T. Feavel                                       Curtis T. Hill, Jr.
    Feavel & Porter, LLP                                     Attorney General of Indiana
    Vincennes, Indiana                                       David E. Corey
    Deputy Attorney General
    Indianapolis, Indiana
    IN THE
    COURT OF APPEALS OF INDIANA
    S.C.,                                                    May 16, 2017
    Appellant-Respondent,                                    Court of Appeals Case No.
    42A01-1611-JT-2618
    v.                                               Appeal from the Knox Superior
    Court
    Indiana Department of Child                              The Honorable J. David Holt,
    Services, Local Knox County                              Senior Judge
    Office,                                                  Trial Court Cause No.
    Appellee-Petitioner.                                     42D01-1603-JT-6
    Riley, Judge.
    Court of Appeals of Indiana | Memorandum Decision 42A01-1611-JT-2618 | May 16, 2017          Page 1 of 17
    STATEMENT OF THE CASE
    [1]   Appellant-Respondent, S.C. (Father), appeals the trial court’s order terminating
    his parental rights to his minor child, S.L.C. (Child).
    [2]   We affirm.
    ISSUE
    [3]   Father raises five issues on appeal, which we consolidate and restate as the
    following single issue: Whether the trial court clearly erred in terminating
    Father’s parental rights.
    FACTS AND PROCEDURAL HISTORY
    [4]   Father and T.R. (Mother) 1 are the biological parents of the Child, born on
    February 13, 2013. Father and Mother are not married, although they have
    maintained a relationship and have periodically resided together in Bicknell,
    Knox County, Indiana. At some point after the Child’s birth, Father believed
    that he signed a paternity affidavit. Father and Mother both have other
    children from different relationships, but the Child is their only shared
    biological child.
    [5]   In May and June of 2014, the Knox County Department of Child Services
    (DCS) received reports that Father and Mother were using methamphetamine
    1
    Mother voluntarily relinquished her parental rights to the Child on July 19, 2016. She does not participate
    in this appeal.
    Court of Appeals of Indiana | Memorandum Decision 42A01-1611-JT-2618 | May 16, 2017              Page 2 of 17
    while caring for the Child. However, DCS was unable to locate the parents to
    follow up with an investigation. Then, on August 13, 2014, DCS received a
    report alleging parental neglect of the Child. This report described that Father
    and Mother had left their eighteen-month-old Child in the care of a family
    friend for several weeks; however, when the Child fell ill and the family friend
    could no longer provide care, Father and Mother refused to pick up the Child.
    As a result, the family friend contacted Officer Kevin Carroll (Officer Carroll)
    of the Bicknell Police Department, who is the Child’s uncle by virtue of his
    marriage to Mother’s sister. Officer Carroll retrieved the Child from the family
    friend’s home and took her to the home of Mother’s other sister, S.C. (Aunt
    S.C.), who had previously cared for the Child for extended periods of time and
    had even (unsuccessfully) attempted to obtain guardianship over the Child in
    early 2014. At some point, Father and Mother arrived at Aunt S.C.’s home,
    which prompted Aunt S.C. to call Officer Carroll for assistance. Officer Carroll
    advised the parents that they would need to make contact with DCS.
    [6]   After receiving the report, DCS went to Aunt S.C.’s home and visibly observed
    that the Child was sick and in need of medical care. However, Father and
    Mother could not be located, and Aunt S.C. did not have authority to obtain
    medical treatment without parental consent. Thus, DCS obtained judicial
    permission to detain the Child on an emergency basis and officially placed her
    in Aunt S.C.’s care. Later that day, Father and Mother arrived at the DCS
    office and spoke with the investigating family case manager. Both were angry
    that the Child had been taken into DCS custody and denied that they had left
    Court of Appeals of Indiana | Memorandum Decision 42A01-1611-JT-2618 | May 16, 2017   Page 3 of 17
    the Child in the care of anyone for more than one day. Although Father and
    Mother refused to submit to a drug screen, they denied allegations of drug use.
    However, DCS observed that both parents appeared to be under the influence
    of some substance during their interviews. Specifically, during the interview,
    Father “would be staring blankly and then he would redirect with fast paced
    statements towards [the DCS family case manager].” (Tr. p. 74). On the other
    hand, Mother “would yell and then cry and then she would have no emotion.”
    (Tr. p. 83). Father and Mother did admit that they were homeless and living
    with a friend. According to Officer Carroll, the friend with whom the parents
    were staying was a well-known drug user, and DCS was advised that both
    Father and Mother had a history of problems with substance abuse.
    [7]   On August 14, 2014, DCS filed a petition alleging the Child to be a Child in
    Need of Services (CHINS). That day, the trial court held an initial hearing and
    appointed a court-appointed special advocate (CASA) to represent the Child’s
    interests. The trial court also conducted a detention hearing and determined
    that the Child’s detainment was necessary for the Child’s protection. On
    August 21, 2014, the trial court resumed the initial hearing, during which
    Father and Mother denied DCS’ allegations in the CHINS petition. On
    October 9, 2014, the trial court conducted a hearing on DCS’ CHINS petition,
    at which time, Father and Mother both admitted to the allegations raised in the
    CHINS petition. Specifically, the parents agreed
    that the [C]hild’s physical or mental condition was seriously
    impaired or seriously endangered as a result of the inability,
    refusal, or neglect of the [C]hild’s parents to supply the [C]hild
    Court of Appeals of Indiana | Memorandum Decision 42A01-1611-JT-2618 | May 16, 2017   Page 4 of 17
    with necessary[] food, clothing, shelter, mental care, education,
    or supervision and that the [C]hild . . . needs care, treatment, or
    rehabilitation that the [C]hild is unlikely to be provided or
    accepted without the coercive intervention of the court.
    (Appellant’s App. Vol. V, p. 7). Accordingly, the trial court adjudicated the
    Child to be a CHINS.
    [8]   On November 7, 2014, the trial court conducted a dispositional hearing and
    subsequently issued a dispositional order. The trial court ordered that the Child
    remain in her current placement with Aunt S.C. and that the parents participate
    with the services recommended by DCS. In particular, the trial court directed
    Father and Mother to, in relevant part, contact DCS on a weekly basis for
    monitoring compliance; notify DCS of any changes in contact information,
    employment status, arrests or criminal charges; enroll in any programs
    recommended by DCS within a reasonable time and participate in the program
    without delay or missed appointments; “maintain suitable, safe and stable
    housing with adequate bedding, functional utilities, adequate supplies of food
    and food preparation facilities”; “secure and maintain a legal and stable source
    of income”; refrain from consuming any illegal controlled substances; submit to
    random drug and alcohol screens within one hour of being requested to do so;
    and attend all scheduled visits with the Child. (Appellant’s App. Vol. V, p. 4).
    In addition, the trial court ordered Father to pay $25.00 per week and Mother
    to pay $10.00 per week for the Child’s support.
    Court of Appeals of Indiana | Memorandum Decision 42A01-1611-JT-2618 | May 16, 2017   Page 5 of 17
    [9]    Initially, the parents appeared willing to cooperate with their case plans. DCS
    referred Father and Mother to a home-based case manager for assistance with
    housing, employment, financial stability, supervised visitations, and sobriety.
    Father and Mother did not have stable housing and were staying with various
    friends, so the home-based case manager focused on the employment issue first
    as the housing issue could be easier remedied once there was income. With the
    home-based case manager’s assistance, Father secured a job with a heating and
    cooling company and also obtained his driver’s license. For a few months, the
    parents engaged in regular visitation with the Child and demonstrated
    appropriate interactions and a loving bond. Father also admitted that he
    struggled with an addiction to methamphetamine and indicated his desire to
    enter the recommended in-patient treatment program. However, once Father
    was actually scheduled to begin treatment, he refused. In addition, Father quit
    his job after only three months over a dispute with the boss concerning his
    salary, and he did not subsequently seek new employment. Father also
    consistently refused to submit to DCS’ requests for drug screens, and on a few
    occasions where he did submit to a screen, he tested positive for
    methamphetamine.
    [10]   In January of 2015, Father stopped visiting the Child in order to evade arrest on
    a warrant that had been issued after he failed to appear for a probation matter.
    At that time, Father also ceased communicating with DCS and refused any
    further services. Around June of 2015, Father turned himself into law
    enforcement and was sent to the Indiana Department of Correction (DOC) to
    Court of Appeals of Indiana | Memorandum Decision 42A01-1611-JT-2618 | May 16, 2017   Page 6 of 17
    execute a previously suspended sentence for identity deception. During the
    months that he was on the run, Father was charged with a new crime of
    burglary. Additionally, throughout the CHINS case, Mother was either
    incarcerated or non-compliant with the services necessary to obtain sobriety and
    stability. Mother consistently tested positive for methamphetamine, even
    during her pregnancy with the Child’s younger half-sibling, who is now also
    placed in Aunt S.C.’s care. Although an income-withholding order was in
    place during Father’s brief period of employment, it appears that Father and
    Mother did not otherwise pay child support as ordered.
    [11]   On March 15, 2016, DCS filed a petition to terminate the parental rights of
    Father and Mother. 2 On July 19, 2016, the trial court conducted a fact-finding
    hearing. At the beginning of the hearing, Mother informed the trial court that
    she wished to voluntarily relinquish her parental rights; thereafter, the matter
    proceeded only as to Father. By this time, Father had been incarcerated for
    nearly a year and had not had any contact with the Child for approximately a
    year and a half. Father testified that he was scheduled to complete his
    suspended sentence the following day, although his trial for his pending
    burglary charge was still a month away. Father testified that he had achieved
    sobriety during his incarceration and that he planned to obtain housing and
    employment upon his release. If convicted of his pending charges, Father
    2
    The petition for termination of parental rights has not been transmitted for our court’s review, and the
    Chronological Case Summary includes only the CHINS (not the termination) proceedings; thus, we relied on
    the transcript and the trial court’s order for the filing date.
    Court of Appeals of Indiana | Memorandum Decision 42A01-1611-JT-2618 | May 16, 2017           Page 7 of 17
    stated that he would enroll in the DOC’s substance abuse programs. Father
    expressed his desire to raise the Child. In turn, DCS and Father’s home-based
    case manager testified to Father’s non-compliance with his case plan. Based on
    Father’s past history with methamphetamine use and cycles of relapse, the
    home-based case manager was concerned that Father would not be able to
    sustain his sobriety without completing treatment. The Child’s CASA 3 testified
    that it would be in the best interests of the Child for the trial court to terminate
    Father’s parental rights in order for Aunt S.C. to pursue adoption of the Child.
    [12]   On October 18, 2016, the trial court issued its Findings of Fact and Conclusions
    of Law, accepting Mother’s voluntary relinquishment of her parental rights and
    involuntarily terminating Father’s parental rights to the Child. The trial court
    determined, in pertinent part, that clear and convincing evidence established
    that there is a reasonable probability that the conditions which resulted in the
    Child’s removal and continued placement outside of Father’s care will not be
    remedied. The trial court further concluded that termination of the parent-child
    relationship would serve the Child’s best interests and that DCS had set forth a
    satisfactory plan for the care and treatment of the Child.
    [13]   Father now appeals. Additional facts will be provided as necessary.
    3
    At some point, a guardian ad litem (GAL) was also appointed to serve the Child’s interests. The GAL’s
    report was admitted into evidence; however, a copy has not been transmitted to our court on appeal.
    Court of Appeals of Indiana | Memorandum Decision 42A01-1611-JT-2618 | May 16, 2017            Page 8 of 17
    DISCUSSION AND DECISION
    I. Standard of Review
    [14]   Father challenges the termination of his parental rights. It is well established
    that “[a] parent’s interest in the care, custody, and control of his or her children
    is ‘perhaps the oldest of the fundamental liberty interests.’” In re G.Y., 
    904 N.E.2d 1257
    , 1259 (Ind. 2009) (quoting Troxel v. Granville, 
    530 U.S. 57
    , 65
    (2000)). Accordingly, the Fourteenth Amendment to the United States
    Constitution safeguards “the traditional right of parents to establish a home and
    raise their children.” 
    Id. However, “parental
    rights are not absolute and must
    be subordinated to the child’s interests.” S.L. v. Ind. Dep’t of Child Servs., 
    997 N.E.2d 1114
    , 1122 (Ind. Ct. App. 2013) (internal quotation marks omitted)
    (quoting In re I.A., 
    934 N.E.2d 1127
    , 1132 (Ind. 2010)). Thus, parental rights
    may be terminated if the “parents are unable or unwilling to meet their parental
    responsibilities.” In re 
    G.Y., 904 N.E.2d at 1259-60
    . We recognize that the
    termination of a parent’s rights is “an extreme measure and should only be
    utilized as a last resort when all other reasonable efforts to protect the integrity
    of the natural relationship between parent and child have failed.” K.E. v. Ind.
    Dep’t of Child Servs., 
    39 N.E.3d 641
    , 646 (Ind. 2015) (internal quotation marks
    omitted).
    [15]   Furthermore, upon review of a trial court’s termination of a parent’s rights, our
    court neither reweighs evidence nor assesses the credibility of witnesses. In re
    
    G.Y., 904 N.E.2d at 1260
    . Rather, we “consider only the evidence and
    reasonable inferences that are most favorable to the judgment.” 
    Id. In addition,
    Court of Appeals of Indiana | Memorandum Decision 42A01-1611-JT-2618 | May 16, 2017   Page 9 of 17
    we note that the trial court issued specific findings of fact and conclusions
    thereon in granting DCS’ petition to terminate Father’s rights. Thus, we must
    engage in the two-tiered standard of review set forth in Indiana Trial Rule
    52(A): “[f]irst, we determine whether the evidence supports the findings, and
    second we determine whether the findings support the judgment.” 
    Id. We “shall
    not set aside the findings or judgment unless clearly erroneous, and due
    regard shall be given to the opportunity of the trial court to judge the credibility
    of the witnesses.” Ind. Trial Rule 52(A). We will find clear error only “if the
    findings do not support the trial court’s conclusions or the conclusions do not
    support the judgment.” In re 
    G.Y., 904 N.E.2d at 1260
    (quoting Bester v. Lake
    Cnty. Office of Family & Children, 
    839 N.E.2d 143
    , 147 (Ind. 2005)).
    II. Termination Statute
    [16]   In order to terminate a parent’s rights, DCS must prove, in relevant part, that a
    child has been removed from the home for a specific period of time, and
    (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 [CHINS].
    (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 42A01-1611-JT-2618 | May 16, 2017   Page 10 of 17
    Ind. Code § 31-35-2-4(b)(2). DCS is required to prove each of these elements by
    clear and convincing evidence. In re 
    G.Y., 904 N.E.2d at 1260
    . Father
    explicitly concedes that DCS has established that the Child has been removed
    from his care for the requisite period of time and that there is a satisfactory plan
    in place for the Child’s care.
    [17]   Father does not specifically challenge any of the trial court’s findings. Rather,
    he challenges the trial court’s conclusions that there is a reasonable probability
    that the conditions resulting in the Child’s removal and continued placement
    outside of the home will not be remedied and that termination of his parental
    rights is in the Child’s best interests. Father further asserts that DCS “infringed
    on his constitutionally protected right to raise his own [C]hild” by failing to
    provide services aimed at reunification during Father’s incarceration.
    (Appellant’s Br. p. 25).
    A. Remedy of Conditions
    [18]   Father first claims that the trial court erroneously concluded that there is a
    reasonable probability that the conditions necessitating the Child’s removal and
    continued placement outside of the home will not be remedied. Rather, Father
    contends that because there is evidence that he “completed some of the
    recommendations the DCS set forth to reunite with his [C]hild,” it cannot be
    said that he is unwilling or unable to satisfy his parental obligations.
    (Appellant’s Br. p. 20). Father argues that his future plans to obtain adequate
    housing and income; his lack of prior history with DCS; and his partial
    Court of Appeals of Indiana | Memorandum Decision 42A01-1611-JT-2618 | May 16, 2017   Page 11 of 17
    compliance with services “demonstrates his willingness to change the existing
    conditions and an ability to do so.” (Appellant’s Br. pp. 22-23).
    [19]   As previously stated, DCS is required to establish each element of Indiana Code
    section 31-35-2-4(b)(2) by clear and convincing evidence. In re 
    G.Y., 904 N.E.2d at 1260
    . The element at issue—Indiana Code section 31-35-2-
    4(b)(2)(B)—is written in the disjunctive. As a result, DCS need only establish a
    reasonable probability that either the conditions resulting in the Child’s removal
    and continued placement out of the home will not be remedied or that the
    continuation of the parent-child relationship poses a threat to the Child’s well-
    being. 4 See In re A.K., 
    924 N.E.2d 212
    , 220-21 (Ind. Ct. App. 2010), trans.
    dismissed. In this case, the trial court concluded that there was a reasonable
    probability both that conditions would not be remedied and that the
    continuation of the parent-child relationship poses a threat to the Child’s well-
    being. However, on appeal, Father has solely challenged the determination
    regarding the remediation of the conditions resulting in removal; he does not
    assert that the trial court erroneously concluded that the continuation of the
    parent-child relationship poses a threat to the Child’s well-being. As such,
    Father has effectively conceded that this element—i.e., Indiana Code section
    31-35-2-4(b)(2)(B)—was satisfied. Accordingly, we need not address the merits
    4
    From the record, it is clear that Indiana Code section 31-35-2-4(b)(2)(B)(iii)—concerning a child who has
    been twice previously adjudicated a CHINS—has no applicability in this case. Thus, relevant to the facts at
    hand, DCS was required to prove the existence of either Indiana Code section 31-35-2-4(b)(2)(B)(i) (i.e.,
    remediation of conditions) or Indiana Code section 31-35-2-4(b)(2)(B)(ii) (i.e., threat to Child’s well-being).
    Court of Appeals of Indiana | Memorandum Decision 42A01-1611-JT-2618 | May 16, 2017                Page 12 of 17
    of whether there is a reasonable probability that the conditions resulting in the
    Child’s removal and continued placement outside of the home will not be
    remedied.
    B. Best Interests
    [20]   Father claims that the trial court erroneously concluded that termination of the
    parent-child relationship would be in the Child’s best interests. The purpose of
    terminating a parent-child relationship is to protect the child, not to punish the
    parent. In re C.C., 
    788 N.E.2d 847
    , 855 (Ind. Ct. App. 2003), trans. denied.
    When considering whether termination would be in a child’s best interests, the
    trial court must “look beyond the factors identified by [DCS] and . . . look to
    the totality of the evidence.” A.D.S. v. Ind. Dep’t of Child Servs., 
    987 N.E.2d 1150
    , 1158 (Ind. Ct. App. 2013), trans. denied. The trial court need not wait
    until a child is “irreversibly harmed before terminating the parent-child
    relationship.” 
    Id. [21] Father
    contends that he and the Child “have a strong parental-child bond”—
    that he “interacted with the [C]hild during the visitations and the [C]hild
    responded to [Father] as her father.” (Appellant’s Br. p. 23). Father’s love for
    the Child or her recognition of him as her father is not in dispute, and Father’s
    argument ignores the ample evidence (and findings by the trial court) that,
    notwithstanding his bond with the Child, her best interests require termination
    of the parent-child relationship. Significantly, Father’s persistent failure to
    achieve stability and sobriety throughout the Child’s life resulted in her
    placement with various relatives and family friends. By the time of the final
    Court of Appeals of Indiana | Memorandum Decision 42A01-1611-JT-2618 | May 16, 2017   Page 13 of 17
    hearing, the Child had spent approximately two and a half years of her three-
    and-a-half-year life in the care of Aunt S.C. Aunt S.C. provided for all of the
    Child’s needs, and the Child was bonded to Aunt S.C., as well as to Aunt S.C.’s
    husband and other children. Furthermore, Aunt S.C. also had custody of the
    Child’s younger half-sibling, with whom the Child shares a close bond. The
    trial court found that the Child’s need for permanency was paramount, and
    Aunt S.C. provided the stable lifestyle the Child required. See 
    A.D.S., 987 N.E.2d at 1158
    (noting that “‘[p]ermanency is a central consideration in
    determining the best interests of a child’” (alteration in original) (quoting In re
    
    G.Y., 904 N.E.2d at 1265
    )).
    [22]   For years, Father has struggled with a methamphetamine addiction. At the
    final hearing, he claimed that he was sober as a result of his incarceration.
    However, as found by the trial court, Father had previously gone through cycles
    of addiction and relapse, and he failed to take advantage of substance abuse
    treatment when offered by DCS, making yet another relapse all the more
    probable. In addition to his substance abuse issues, Father’s criminal
    propensity is a substantial cause for concern. Father has a lengthy criminal
    history and was on probation at the time of the Child’s removal. Instead of
    maintaining good behavior and striving to reunite with his Child, Father
    violated his probation and chose to stop visiting with the Child in order to avoid
    being arrested, thus placing his own interests above the Child’s. After the
    Child’s removal, Father was charged with the additional offense of burglary,
    and, at the time of the final hearing, was facing additional incarceration of one
    Court of Appeals of Indiana | Memorandum Decision 42A01-1611-JT-2618 | May 16, 2017   Page 14 of 17
    to six years if convicted. Even prior to becoming incarcerated, Father had
    ample opportunity to demonstrate his desire and ability to put the Child’s
    interests ahead of his own. Instead, Father quit a good job, made no effort to
    obtain suitable housing for the Child, did not pay support for the Child,
    declined to address his addiction, and refused to lead a law-abiding life.
    Furthermore, DCS recommended the termination of Father’s parental rights,
    and the Child’s CASA testified that termination would be in the Child’s best
    interests. See 
    id. at 1158-59.
    Accordingly, we find that the evidence clearly
    supports the trial court’s determination that termination of the parent-child
    relationship is in the Child’s best interests.
    C. Reunification Efforts
    [23]   Lastly, Father claims that the trial court erroneously terminated his parental
    rights in light of the fact that DCS infringed upon his constitutional rights by
    failing to work toward reunification during Father’s incarceration. Father
    contends that, pursuant to Indiana Code section 31-34-21-5.5(b), “DCS has an
    obligation to provide reasonable efforts towards reunification.” (Appellant’s Br.
    p. 24). Thus, he claims that “[c]easing to provide the most basic services . . .
    while he was incarcerated was an absolute failure on the DCS to make all
    reasonable efforts towards reunification.” (Appellant’s Br. p. 24).
    [24]   We agree with Father that “DCS is generally required to make reasonable
    efforts to preserve and reunify families during CHINS proceedings.” In re H.L.,
    
    915 N.E.2d 145
    , 148 (Ind. Ct. App. 2009) (citing I.C. § 31-34-21-5.5).
    However, this “CHINS provision is not a requisite element of [the] parental
    Court of Appeals of Indiana | Memorandum Decision 42A01-1611-JT-2618 | May 16, 2017   Page 15 of 17
    rights termination statute, and a failure to provide services does not serve as a
    basis on which to directly attack a termination order as contrary to law.” 
    Id. at 148
    n.3. The evidence establishes that, with the exception of responding to a
    letter from DCS to indicate that he did not want his parental rights to be
    terminated, Father did not otherwise communicate with DCS from the time he
    attempted to evade arrest in January of 2015. Had Father even requested any
    services while in the DOC, it is unlikely that DCS would have been able to
    provide them from a logistical standpoint, which is the direct result of Father’s
    incarceration rather than any fault of DCS. 
    Id. at 148
    . We also find it
    noteworthy that there is no indication in the record that Father expressed any
    interest in visiting or having contact with the Child since his last visit with her
    in January of 2015.
    [25]   Moreover, Father’s argument entirely disregards the efforts that DCS expended
    in pursuing reunification prior to Father’s incarceration. Shortly after the Child
    was removed, DCS began offering services to Father that included home-based
    case management, supervised visitation, and substance abuse evaluations and
    treatment. Although Father initially met with the home-based case manager,
    briefly obtained employment, and attended visitations for a few months, he
    failed to take advantage of the services that DCS offered to make a substantial
    and lasting change in his life necessary for reunification. Significantly, DCS
    had arranged for Father to attend in-patient substance abuse treatment, but
    Father refused to go. Father also refused to submit to drug screens as required,
    quit his job after only three months, and was charged with a new crime. When
    Court of Appeals of Indiana | Memorandum Decision 42A01-1611-JT-2618 | May 16, 2017   Page 16 of 17
    Father believed that a warrant had been issued for his arrest, he went into
    hiding and ceased all communication with DCS and the Child. Therefore, we
    find absolutely no merit in Father’s attempt to shift the blame to DCS for his
    own poor choices.
    CONCLUSION
    [26]   Based on the foregoing, we conclude that the trial court’s order terminating
    Father’s parental rights is not clearly erroneous.
    [27]   Affirmed.
    [28]   Najam, J. and Bradford, J. concur
    Court of Appeals of Indiana | Memorandum Decision 42A01-1611-JT-2618 | May 16, 2017   Page 17 of 17
    

Document Info

Docket Number: 42A01-1611-JT-2618

Filed Date: 5/16/2017

Precedential Status: Precedential

Modified Date: 4/17/2021