In the Matter of the Involuntary Termination of the Parent-Child Relationship of: J.B. and E.B. (Minor Children) and P.B. (Mother) v. Indiana Department of Child Services (mem. dec.) ( 2019 )

MEMORANDUM DECISION FILED
Apr 02 2019, 10:01 am
Pursuant to Ind. Appellate Rule 65(D),
CLERK
this Memorandum Decision shall not be Indiana Supreme Court
Court of Appeals
regarded as precedent or cited before any and Tax Court
court except for the purpose of establishing
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEES
Daniel G. Foote Curtis T. Hill, Jr.
Indianapolis, Indiana Attorney General of Indiana
Marjorie Lawyer-Smith
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
In the Matter of the Involuntary April 2, 2019
Termination of the Parent-Child Court of Appeals Case No.
Relationship of: 18A-JT-2431
J.B. and E. B. (Minor Children) Appeal from the Marion Superior
Court Juvenile Division
and
The Honorable Marilyn Moores,
P.B. (Mother), Judge
Appellant-Respondent, The Honorable Scott Stowers,
Magistrate
v. Trial Court Cause Nos.
49D09-1710-JT-889, 49D09-1710-
Indiana Department of Child JT-929
Services and Child Advocates,
Inc.,
Appellees-Petitioners
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Altice, Judge.
Case Summary
[1] P.B. (Mother) appeals the termination of her parental rights to two of her minor
children. She contends that the trial court’s termination order is not supported
by sufficient evidence.
[2] We affirm.
Facts & Procedural History
[3] Mother has four minor children. R.C. is the father (Father) of E.B. and J.B.,
born in May 2016 and January 2008, respectively. Mother and Father’s
relationship was plagued by domestic violence, which J.B. often witnessed,
causing her significant anxiety and trauma. Mother’s other children – C.H.
(born in March 2010) and J.H. 1 (born in July 2005) – are not subjects of the
termination order, as they are in the care of their respective fathers.
[4] During her pregnancy with E.B., Mother used PCP and marijuana, testing
positive in February and April 2016. She gave birth to E.B. on May 12, 2016,
again testing positive for PCP just prior to the birth. The hospital contacted the
Indiana Department of Child Services (DCS) that same day, and DCS began its
investigation the following day. Upon her release from the hospital, E.B. was
1
Mother has a prior case of substantiated neglect (educational neglect) in 2012 involving J.H.
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placed in the care of Mother’s cousin (Cousin). J.B. remained in the care of
Mother’s aunt (Aunt), where she had been placed by Mother.
[5] On May 16, 2016, DCS filed petitions alleging that Mother’s four children were
children in need of services (CHINS). DCS alleged that Mother had “failed to
provide the children with a safe, stable, and appropriate living environment free
from substance abuse.” Exhibits at 17. The CHINS proceedings were
eventually dismissed with respect to J.H., who was in the care and custody of
his father.
[6] J.B., C.H., and E.B. were adjudicated CHINS on September 8, 2016, following
mediation at which Mother entered into an admission and agreement on
services. Mother admitted J.B., C.H., and E.B. were CHINS because she
“would benefit from services provided by DCS to maintain her sobriety.” Id. at
31. C.H.’s father appeared at the CHINS hearing and waived his right to fact
finding. Father (J.B. and E.B.’s father) did not appear. The court adjudicated
all three children CHINS and, with respect to J.B. and E.B., continued their
placement with Aunt and Cousin, respectively. Mother was granted supervised
parenting time. The parental participation order, entered the same day,
required Mother to engage in home-based therapy and follow all
recommendations, submit to random drug/alcohol screens, complete a
domestic violence intake or assessment and complete all resulting services and
recommendations, and engage in family therapy with the children when
appropriate. Additionally, the order provided that should Mother test positive
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for illicit substances or alcohol, she would be required to engage in a substance
abuse evaluation and follow all recommendations.
[7] As of the first review hearing in December 2016, Mother was doing well in
services and making improvements. She had completed five clean drug screens
but had also missed some. The court denied Mother’s request for unsupervised
parenting time and admonished Mother for having continued contact with
Father, who had not yet appeared in the case. The court ordered DCS to make
a referral for a substance abuse evaluation for Mother.
[8] At the permanency hearing in March 2017, the plan remained reunification.
Mother was actively engaging in services and providing negative drug screens.
She had begun intensive outpatient (IOP) substance abuse treatment the prior
month. By the next hearing in June 2017, Mother had relapsed (though she
denied it) and, as a result, DCS requested that she provide five consecutive
clean drug screens. Mother was otherwise compliant with services, visiting
with the children, and participating in her IOP treatment. Mother expressed
eagerness to begin unsupervised parenting time, which the court granted and
DCS authorized by August 2017.
[9] Shortly thereafter, Mother tested positive for cocaine and was unsuccessfully
discharged from her IOP treatment. Additionally, on or about her first
unsupervised visit with J.B. and E.B., Mother drove with the children despite
her license being suspended and not having a car seat for E.B. Mother drove
with E.B. on her lap. J.B. reported this incident to her therapist, and Mother
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later indicated that J.B. was just trying to “create trouble in the case.”
Transcript at 20. Mother’s parenting time returned to being supervised.
Thereafter, visits were entirely suspended in the fall after Mother hit J.B. with a
belt to punish her for inattention.
[10] At the permanency hearing on September 21, 2017, DCS recommended that
the plan change from reunification to adoption for E.B. and J.B. 2 given the
general lack of progress in the case, including Mother’s “several relapses”. Id.
at 43. The court found that it was in E.B. and J.B.’s best interests to change the
plan to adoption. Specifically, the court found that Mother had used illicit
substances during the CHINS proceedings and that although she had engaged
in therapeutic services to address her addiction, she had not progressed to the
point where the children could be returned to her care. The court authorized
Mother to resume supervised parenting time but strictly at an agency.
[11] On October 10, 2017, DCS filed the instant petitions for the involuntary
termination of the parent-child relationship between Mother and E.B. and
Mother and J.B. 3 Thereafter, Mother was evicted from her home around
November 2017 and was unemployed. Mother facilitated unauthorized contact
2
The plan remained reunification for C.H., with legal and physical custody eventually being changed to
C.H.’s father.
3
Termination of Father’s parental rights was also sought and then granted on March 1, 2018. He does not
participate in this appeal nor did he participate below.
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between Father and J.B. and lied to service providers about it. She also used
PCP and cocaine in December 2017.
[12] By the next CHINS review hearing in January 2018, Mother was still homeless
and living in a shelter. Mother reported recently obtaining employment. She
was participating in supervised parenting time, as well as home-based therapy,
parenting education, and random drug screens. DCS agreed to re-refer Mother
to IOP treatment.
[13] Mother completed a substance abuse assessment on February 19, 2018, but then
used PCP again less than ten days later. During February, she failed to appear
for several random drug screens and was late to a few parenting-time sessions.
Mother was struggling with transportation issues and still trying to find
housing. At the conclusion of a CHINS review hearing in February, the court
decreased Mother’s parenting time with E.B. and J.B.
[14] On March 6, 2018, Mother was charged with operating a vehicle while
intoxicated endangering a person (OWI), resisting law enforcement, and
driving while suspended, all Class A misdemeanors. The charges were for an
incident that occurred after midnight two days earlier when Mother was driving
and struck a vehicle parked on the side of the road with its flashers on. Mother
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subsequently pled guilty to the OWI count, and the State dismissed the
remaining counts. 4
[15] Mother began a new IOP treatment program in March 2018. Thereafter, at a
case management team meeting, Mother reported that she now had an
apartment. She never provided DCS service providers, however, with a copy of
the lease. During a supervised visit around May or June 2018, the visitation
facilitator suspected Mother was under the influence and sought to have
Mother take a drug screen. Mother refused. At a CHINS hearing on May 31,
2018, the DCS family case manager (FCM) noted that Mother had missed
many random drug screens.
[16] The termination fact-finding hearing was held on July 10, August 8, and
August 15, 2018. The guardian ad litem (GAL) testified that she still had major
concerns regarding Mother’s substance abuse, as well as domestic violence
issues between Mother and Father. The GAL also noted “smaller concerns”
regarding Mother’s financial stability, housing situation, and “her ability to
provide a nurturing, emotionally stable environment.” Id. at 17. The GAL
indicated that she would not recommend unsupervised parenting time and that
she did not feel that the children would be safe if returned to Mother’s care. In
this regard, she noted Mother’s frequent relapses, Mother’s association with
other substance abusers, and the possibility that Mother was living with Father.
4
On August 13, 2018, Mother was sentenced to one year in jail with all but time served suspended to
probation.
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In the GAL’s opinion, termination would be in the best interests of E.B. and
J.B. because after two years Mother was still struggling with the same issues
and only exercising supervised parenting time.
[17] FCM Ashley Hempel, who had been working with the family since April 2017,
testified that although Mother was still participating in home-based therapy,
supervised parenting, random drug screens, and IOP treatment, there had been
minimal progress. As of the hearing date, FCM Hempel expressed her current
concerns to include Mother’s failure to provide a lease to establish she has
stable housing, her “continuous relapse[s]”, and the continued need for
supervised parenting time. Id. at 45. FCM Hempel opined that giving Mother
more time to complete services would not be beneficial to E.B. and J.B. because
Mother “has not shown … any progress towards the children coming home”.
Id. at 48. FCM Hempel testified that she believed termination was in E.B. and
J.B.’s best interests “so that they can have a stable home, um, that’s free from
domestic violence and substance abuse and they can go to school and succeed
and excel” with a “sense of permanency in their life.” Id. at 49.
[18] At the hearing in July, Mother testified that she had been working full-time as a
certified nurse assistant (CNA) since January and had previously worked part-
time at the same location. She acknowledged her history of evictions but
claimed that she now had an apartment, though she did not present a lease into
evidence. Mother denied responsibility with respect to her pending criminal
case, claiming someone else was driving. She testified that she last used PCP
and cocaine in December 2017.
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[19] DCS impeached Mother’s testimony in several regards. Evidence was
presented, and Mother later admitted, that she used PCP on February 28, 2018.
Further, Mother missed several subsequent random drug screens and refused
one when she was suspected of being under the influence during a supervised
visit around May 2018. DCS also presented Mother’s guilty plea to the OWI
offense. Further, for impeachment purposes, DCS presented interrogatories by
Mother’s employer, a garnishee defendant in civil debt proceedings against
Mother, which indicated that Mother had been terminated by her employer in
July 2018. On cross-examination, Mother denied that she had been fired but
testified that the facility where she was working as a CNA would be closing in
about six weeks.
[20] DCS presented evidence that Mother had been inconsistent with supervised
visits in recent months. She visited with the children only one time in July 2018
and cancelled the visit on August 14, 2018, the day before the last day of the
termination hearing. Mother had a habit of cancelling visits with E.B. if J.B.
was not available for the visits also. Mother has a clear bond with J.B., but
J.B.’s therapist noted “[a] lot of regression” related to visits with Mother. Id. at
90. J.B.’s therapist testified that J.B. and Mother have a co-dependent
relationship and that J.B. would often lie to protect Mother. Additionally,
when Mother hit J.B. with a belt, J.B. blamed herself.
[21] Finally, DCS presented evidence that J.B. and E.B. were thriving in their
respective placements. E.B. had been in Cousin’s care since her birth, and J.B.
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had been in Aunt’s care for well over two years. Both J.B. and E.B. were in
pre-adoptive homes, and DCS’s plan for the children was adoption.
[22] On September 21, 2018, the trial court issued its order terminating Mother’s
parental rights with respect to J.B. and E.B. Mother now appeals. Additional
facts will be provided below as needed.
Discussion & Decision
[23] When reviewing the termination of parental rights, we will not reweigh the
evidence or judge the credibility of the witnesses. In re R.S., 56 N.E.3d 625, 628
(Ind. 2016). Instead, we consider only the evidence and reasonable inferences
most favorable to the judgment. In re D.D., 804 N.E.2d 258, 265 (Ind. Ct. App.
2004), trans. denied. In deference to the trial court’s unique position to assess
the evidence, we will set aside its judgment terminating a parent-child
relationship only if it is clearly erroneous. In re L.S., 717 N.E.2d 204, 208 (Ind.
Ct. App. 1999), trans. denied. In light of the applicable clear and convincing
evidence standard, we review to determine whether the evidence clearly and
convincingly supports the findings and the findings clearly and convincingly
support the judgment. In re R.S., 56 N.E.3d at 628.
[24] We recognize that the traditional right of parents to “establish a home and raise
their children is protected by the Fourteenth Amendment of the United States
Constitution.” In re M.B., 666 N.E.2d 73, 76 (Ind. Ct. App. 1996), trans. denied.
Although parental rights are of constitutional dimension, the law provides for
the termination of these rights when parents are unable or unwilling to meet
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their parental responsibilities. In re R.H., 892 N.E.2d 144, 149 (Ind. Ct. App.
2008). In addition, a court must subordinate the interests of the parents to those
of the child when evaluating the circumstances surrounding the termination. In
re K.S., 750 N.E.2d 832, 836 (Ind. Ct. App. 2001). The purpose of terminating
parental rights is not to punish the parents, but to protect their children. Id.[25] Before an involuntary termination of parental rights may occur in Indiana, DCS
is required to allege and prove by clear and convincing evidence, 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[.]
Ind. Code § 31-35-2-4(b)(2)(B). DCS must also prove by clear and convincing
evidence that termination is in the best interests of the child and that there is a
satisfactory plan for the care and treatment of the child. I.C. § 31-35-2-
4(b)(2)(C), (D).
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[26] On appeal, Mother asserts that there is insufficient clear and convincing
evidence that the conditions resulting in J.B. and E.B.’s removal would not be
remedied, that the continuation of the parent-child relationship poses a threat to
their well-being, that termination is in the best interests of the children, and that
there is a satisfactory plan for their care and treatment following termination.
We will address each of these in turn, as needed.
[27] Mother first contends that DCS failed to present clear and convincing evidence
that there is a reasonable probability that the conditions resulting in the
children’s removal or continued placement outside the home will not be
remedied. In so arguing, Mother does not challenge any of the trial court’s
specific findings as not supported by the evidence. She simply directs us to
other evidence, including her own testimony that she had full-time employment
as a CNA and had acquired an apartment. Mother also notes that at the time
of the hearing she was actively participating in substance abuse services and
random drug screens. While she acknowledges a “back-and-forth battle with
substance abuse,” Mother asserts that the testimony of her home-based
therapist, Joy Boyd, “showed that Mother had made substantial progress in
addressing the underlying reasons for her substance abuse.” Appellant’s Brief at
22. In sum, Mother claims that “the evidence of changed conditions as of the
date of the termination hearing was overwhelming.” Appellant’s Reply Brief at 6.
We cannot agree, and we reject Mother’s invitation to reweigh the evidence.
[28] In deciding whether a reasonable probability exists that conditions will not be
remedied, the trial court must judge a parent’s fitness to care for her children at
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the time of the termination hearing, taking into consideration evidence of
changed conditions. In re J.T., 742 N.E.2d 509, 512 (Ind. Ct. App. 2001), trans.
denied. The court must also evaluate the parent’s habitual patterns of conduct to
determine whether there is a substantial probability of future neglect or
deprivation of the children. Id. The court may consider evidence of the
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. Further, it is within the trial court’s discretion to disregard
efforts made only shortly before termination and to weigh more heavily a
parent’s history of conduct prior to those efforts. K.T.K. v. Ind. Dep’t of Child
Servs., 989 N.E.2d 1225, 1234 (Ind. 2013).
[29] Here, the trial court concluded with respect to I.C. § 31-35-2-4(b)(2)(B)(i):
There is a reasonable probability that the conditions that resulted
in the children’s removal and continued placement outside the
home will not be remedied by [M]other. [Mother] has had over
two years to put forth an effort and has not done so. Stable
housing and substance abuse remain major concerns. Despite
multiple referrals, [Mother] has made minimal progress. Despite
several months of Substance Abuse Treatment, [Mother]
continues to use drugs, including recent use of Hydrocodine [sic]
and PCP. She has also missed several screens.
Appendix at 98.
[30] The record establishes that the primary reason for the children’s placement
outside Mother’s care was her substance abuse issues. Part and parcel of this
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was Mother’s resulting instability in housing and employment. There is no
doubt that Mother participated in services in an attempt to address her ongoing
battle with substance abuse. But after two years, she had made no sustained
progress. She had a number of relapses and used PCP – her drug of choice –
only months before the termination hearing. On a subsequent occasion, she
came to a supervised visit, appearing to be under the influence, and refused a
drug screen both before and after the visit. Mother never successfully
completed IOP treatment, being discharged from the first program for cocaine
use nearly a year after beginning treatment. She began a new IOP program
several months later in March 2018 but continued to struggle.
[31] Mother claimed at the hearing to now have full-time employment (since
January 2018) and housing (since March 2018). However, despite demands to
see a copy of the lease, Mother refused to provide it to her FCM, and she did
not present it at the termination hearing. Although Boyd visited the apartment
shortly before the last day of the hearing and found it to be clean and
appropriate with no safety concerns, there is no indication that Boyd verified
that Mother’s name was on the lease. Additionally, the GAL expressed
concern that Mother might be living with Father. With regard to employment,
DCS impeached Mother’s testimony by providing a document indicating that
she had been recently terminated. Boyd, who was clearly on Mother’s side at
the hearing, acknowledged that Mother had a history of lying to providers.
Mother was also dishonest at the termination hearing with respect to her
criminal case and the date of her last drug use. In sum, the trial court could
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reasonably disregard Mother’s claims of recent housing and employment
stability.
[32] Contrary to her assertions on appeal, the record establishes that Mother was not
fit to care for J.B. and E.B. at the time of the termination hearing. She had a
lengthy history of drug abuse, including many relapses and missed drug screens
during the CHINS and termination proceedings, and she had yet to successfully
complete an IOP treatment program. FCM Hempel opined that even with
more time, she did not believe Mother would be able to remedy the reasons for
DCS involvement.
[33] The trial court’s determination that there is a reasonable probability that the
conditions that resulted in the removal of J.B. and E.B. will not be remedied is
supported by clear and convincing evidence. Therefore, as I.C. § 31-35-2-
4(b)(2)(B) is written in the disjunctive, we need not review the trial court’s
determination that continuation of the parent-child relationship would pose a
threat to the children’s well-being.
[34] Mother also asserts that the evidence was insufficient to support the trial court’s
finding that termination was in the children’s best interests. In making this best-
interests determination, the trial court is required to look beyond the factors
identified by DCS and consider the totality of the evidence. In re J.C., 994
N.E.2d 278, 290 (Ind. Ct. App. 2013). The court must subordinate the interest
of the parent to those of the children and need not wait until a child is
irreversibly harmed before terminating the parent-child relationship. McBride v.
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Monroe Cnty. Office of Family & Children, 798 N.E.2d 185, 199 (Ind. Ct. App.
2003). Our Supreme Court has explained that “[p]ermanency is a central
consideration in determining the best interests of a child.” In re G.Y., 904
N.E.2d 1257, 1265 (Ind. 2009). “Moreover, we have previously held that the
recommendations of the case manager and court-appointed advocate to
terminate parental rights, 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.” In re J.S., 906 N.E.2d
at 236.
[35] Mother asserts that “there remain options short of termination, including
continued wardship under the CHINS matter while Mother completes here [sic]
work towards reunification.” Appellant’s Brief at 25. Mother, however, has had
more than two years to move toward reunification. She has not made any
significant progress. In fact, Mother still had only supervised parenting time,
which she often missed in the months around the hearing. The GAL testified
that she could not recommend unsupervised visits at the time of the hearing 5
and that she did not believe the children would be safe in Mother’s care due to
her continued involvement with Father, her substance abuse issues, and the
people Mother surrounds herself with.
5
Boyd was more positive in her assessment of Mother’s progress and testified that she would recommend
unsupervised parenting time. This differing opinion, however, amounts to conflicting evidence that was
weighed by the trial court and cannot be reweighed on appeal. See In re N.G., 51 N.E.3d 1167, 1170 (Ind.
2016) (in termination cases, we do not have license to reweigh the evidence).
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[36] The GAL opined that termination was in the children’s best interests,
explaining:
[T]he children have been removed from mother’s care for [] two
years, they [] are currently two years later, only on supervised
time [] with [M]other, and even those supervised visits have
issues[. E.B.] has never actually known [Mother] as her mother
and [] the domestic violence and substance abuse issues, and
financial and housing stability that I mentioned today, all of
those cause me [] to believe that not only should the children not
go home, but that they should stay in the safe, stable, [] loving
environment with the caregivers that they’ve been with for two
years, and that with [whom] they are very bonded.
Transcript at 29. Similarly, FCM Hempel testified that termination was in their
bests interests so that they can have a stable home, free from domestic violence
and substance abuse, where they can regularly attend school and succeed with a
sense of permanency in their lives that Mother has not been able to provide. In
this regard, FCM Hempel also noted Mother’s continued struggle with sobriety
and her failure to progress with parenting time.
[37] Mother’s attempt to liken this case to In re G.Y., 904 N.E.2d 1257, a case in
which our Supreme Court reversed the termination of a mother’s parental
rights, is unavailing. In G.Y., the mother was incarcerated for offenses she
committed before her child’s conception. The Court observed that for the first
twenty months of the child’s life, before Mother’s incarceration, “the record
gives no indication that Mother was anything but a fit parent.” Id. at 1262.
After her incarceration and the CHINS adjudication, the mother “took positive
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steps and made a good-faith effort to better herself as a person and as a parent.”
Id. Despite her incarceration, she remained committed to maintaining a
relationship with her child and reunifying with him upon her release. Further,
her release from prison was imminent, and she had already secured suitable
housing and employment. Id. at 1265.
[38] Mother is far from being on equal footing with the mother in G.Y. Further, she
does not have a strong bond with E.B., who has been in Cousin’s care since
birth, and both E.B. and J.B. are in pre-adoptive homes where they are thriving.
Cf. H.G. v. Ind. Dep’t of Child Servs., 959 N.E.2d 272, 293 (Ind. Ct. App. 2011)
(“Because no adoptive family has been identified and the children were placed
in a new foster home shortly after the termination hearing, there appears to be
little harm in allowing the parents to continue working toward reunification.”),
trans. denied. As noted above, both the GAL and FCM recommend
termination. Under the circumstances of this case, we conclude DCS presented
sufficient evidence to show by clear and convincing evidence that termination
was in the best interests of J.B. and E.B.
[39] Mother next challenges whether there is sufficient evidence that DCS has a
satisfactory plan for the care and treatment of the children following
termination. The children are in pre-adoptive homes where they have resided
since the beginning of the CHINS proceedings and, in E.B.’s case, since she
was born. They are doing well and have developed a strong bond with their
respective care givers. The plan for the children is adoption. This is a
satisfactory plan. See In re D.D., 804 N.E.2d at 268 (“[the] plan need not be
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detailed, so long as it offers a general sense of the direction in which the child
will be going after the parent-child relationship is terminated”).
[40] Finally, Mother asserts that the termination order must be reversed because
DCS “cannot establish that ‘all reasonable efforts’ at reunification have been
exhausted.” Appellant’s Brief at 29. Her argument is misplaced, as DCS was not
required to establish this in order to obtain termination of her parental rights.
See In re H.L., 915 N.E.2d 145, 148 (Ind. Ct. App. 2009) (although DCS is
generally required to make reasonable efforts toward reunification during
CHINS proceedings, “this is not a requisite element of our parental rights
termination statute, and a failure to provide services does not serve as a basis on
which to directly attack a termination order”).
[41] Nevertheless, we observe that DCS provided Mother with numerous services
for more than two years. She received multiple referrals for substance abuse
treatment but continued to relapse and never successfully completed an IOP
program. DCS granted Mother unsupervised parenting time but Mother
endangered the children at her first opportunity by driving them unrestrained
and without a driver’s license. Then during supervised parenting time, Mother
struck J.B. with a belt. Mother successfully completed a couple of services
(domestic violence classes and parenting education) but the vast majority of
services remained uncompleted. The reunification process was unsuccessful
due to Mother’s conduct and want of progress, not because of a lack of services.
[42] Judgment affirmed.
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Najam, J. and Pyle, J., concur.
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