in-the-matter-of-the-term-of-the-parent-child-relationship-of-ng-lc ( 2015 )


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  •                                                                    Sep 29 2015, 8:53 am
    ATTORNEY FOR APPELLANT                                     ATTORNEYS FOR APPELLEE
    Yvonne M. Spillers                                         Gregory F. Zoeller
    Fort Wayne, Indiana                                        Attorney General of Indiana
    Robert J. Henke
    Abigail R. Recker
    Deputy Attorneys General
    Indianapolis, Indiana
    IN THE
    COURT OF APPEALS OF INDIANA
    In the Matter of the Termination                           September 29, 2015
    of the Parent-Child Relationship                           Court of Appeals Case No.
    of:                                                        02A04-1412-JT-605
    Appeal from the Allen Superior
    N.G., L.C., and M.C. (Minor                                Court
    Children),
    The Honorable Charles F. Pratt,
    and                                                        Judge
    The Honorable Thomas P. Boyer,
    A.C. (Mother),                                             Magistrate
    Appellant-Respondent,                                      Cause Nos. 02D08-1403-JT-22
    02D08-1403-JT-23
    v.                                                            02D08-1403-JT-24
    The Indiana Department of
    Child Services,
    Appellee-Petitioner
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015                Page 1 of 40
    Baker, Judge.
    [1]   A.C. (Mother) appeals the judgment of the trial court terminating her parental
    rights as to her children N.G., L.C., and M.C. We reverse the trial court’s
    judgment insofar as it relates to L.C. and M.C. as we find insufficient evidence
    to support it. However, we find that the trial court’s judgment as to N.G. is
    supported by sufficient evidence and we affirm that portion of the judgment.
    Facts
    [2]   Mother and J.G. (Father) have one son, N.G., born in 2003, and twin
    daughters, L.C. and M.C., born in 2006. At the time the trial court issued its
    judgment in this case, N.G. was eleven years old and L.C. and M.C. were eight
    years old. Mother has an older child, G.C., who is not involved in this case.
    [3]   In 2011, Mother and Father were no longer married and were not living
    together. One day, while at the park with her children, Mother met D.H.
    (Boyfriend), who soon began living in Mother’s home. Their relationship
    quickly took a turn for the worse when, less than six weeks later, police had to
    remove Boyfriend from the home because he had threatened to kill Mother.
    Police were called again a few weeks later to remove Boyfriend a second time.
    This time, there were concerns that Boyfriend had a gun.
    [4]   On August 25, 2011, the Indiana Department of Child Services (DCS) filed a
    petition alleging all four of Mother’s children to be children in need of services
    (CHINS). The trial court held a hearing on August 30, 2011. It found that,
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015   Page 2 of 40
    while in Mother’s care, N.G. had been struck with a belt that had metal prongs
    on it and had sustained cuts and bruising. The trial court took note of the fact
    that Mother blamed Boyfriend for the incident. However, it also noted that
    N.G. alleged that Mother had hit him with the belt as well as a wooden board.
    The trial court noted that, although Mother claimed to have ceased contact
    with Boyfriend, she admitted that he was waiting outside the courthouse that
    morning. The trial court found that this was not the first instance of Mother
    physically abusing N.G., as DCS had substantiated a previous claim in 2009.
    [5]   Turning to Mother’s mental health, the trial court found that she had been
    diagnosed with bipolar disorder and had been prescribed medication, which she
    had not been taking. It also expressed concern that Mother may be a
    hypochondriac, citing the fact that all of her children were on multiple types of
    medication. In light of this, the trial court ordered N.G., L.C., and M.C. placed
    in the custody of their Father, who was at this point living with his new wife,
    K.G. (Stepmother). G.C. had previously been placed in foster care and the trial
    court ordered that this placement be continued. 1 The trial court ordered that
    any visitation between Mother and the children be supervised by DCS or an
    approved third party.
    [6]   On September 27, 2011, the trial court adjudicated the children as CHINS. The
    trial court held a dispositional hearing and found that Mother could benefit
    1
    It is not clear from the record at what point or for what reason G.C. was placed in foster care.
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015                           Page 3 of 40
    from services that she would be unlikely to receive without the coercive
    intervention of the court. The trial court devised a parent participation plan
    and, among other things, ordered Mother to:
       Enroll in Whitington home-based services program . . .
    participate in all sessions and successfully complete the
    program.
       Enroll in individual counseling at Park Center . . . to include
    anger management, attend all sessions, and successfully
    complete the counseling program.
       Take all medications as prescribed.
       Obtain a psychiatric evaluation at Park Center . . . and follow
    the recommendations.
       Obtain a psychological evaluation at Park Center . . . and
    follow the recommendations.
       Refrain from physical discipline of your children at all times.
       Attend and appropriately participate in all visits with your
    children as directed.
    State’s Ex. 9 p. 3.
    [7]   On April 30, 2012, Mother completed a psychological and parenting evaluation
    with Dr. David Lombard at the Center for Applied Behavioral Studies in Fort
    Wayne. Regarding Mother’s mental health, Dr. Lombard concluded:
    [I]t is this psychologist’s clinical opinion that [Mother] was displaying
    a symptom pattern consistent with the diagnoses of generalized
    anxiety disorder, bipolar disorder, victim of physical and sexual abuse,
    and impaired parent-child relationship. [Mother] reported that she had
    recently received the diagnosis of post-traumatic stress disorder.
    However, the current clinical interview and psychological testing does
    not support that diagnosis at this time.
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015       Page 4 of 40
    It is recommended that she receive a combination of medication
    management and mental health counseling. She reported prior
    medication management for her bipolar disorder symptoms. It is
    recommended that she work with a psychiatrist to obtain proper
    medication for her bipolar disorder symptoms and her generalized
    anxiety disorder. It is this psychologist’s clinical opinion that her
    history of being the victim of physical and sexual abuse has
    significantly affected her sense of safety and increased her paranoia.
    Proper medication will significantly reduce her generalized anxiety
    disorder symptoms while improving her depression and other mood
    disorder symptoms related to her bipolar disorder. Without proper
    medication, it is unlikely that she will be able to maintain a sense of
    stability in her personal, work, or social life.
    It is recommended that [Mother] receive weekly mental health
    counseling sessions. It is recommended that she receive cognitive
    behavioral therapy to address her bipolar disorder symptom and her
    general anxiety disorder symptoms. Cognitive behavioral therapy has
    proven most effective in treating these conditions. It is also
    recommended that her individual mental health counselor address her
    history of physical and sexual abuse.
    [Mother] reported significant difficulties parenting one of her children.
    She found [N.G.] to be particularly challenging and caused her
    significant parenting stress. Therefore, it is recommended that she
    receive individual parenting skills training to improve her interactions
    and perception of the child. It is also recommended that the two of
    them have family counseling sessions. Until she reduces her parenting
    stress regarding [N.G.], she will remain at high risk for inappropriate
    parenting with him.
    State’s Ex. 41 p. 7.
    [8]   Mother began receiving home-based services in September 2011. Katie
    Reichert from Whitington began visiting Mother’s home to help her work on
    budgeting and parenting. However, in March 2012, Reichert determined that
    Mother was not using the information given to her and, accordingly, “she was
    discharged for not benefitting from the services.” Tr. p. 1006. DCS and
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015      Page 5 of 40
    Whitington made another attempt at providing Mother with home-based
    services, this time sending Stacy Dickerson. Dickerson began meeting with
    Mother in August 2013 and the two worked on Mother’s parenting skills.
    Mother fully participated in the services and successfully completed Dickerson’s
    course in December 2013. Dickerson testified that she had no difficulty
    scheduling sessions with Mother and that she had observed Mother’s home in a
    clean and safe condition. 
    Id. at 365-66.
    [9]    Mother began participating in individual therapy in February 2012. She
    initially met with Vickie Heath from SCAN2 for a six-month period. Heath
    worked with Mother on her parenting skills, focusing primarily on Mother’s
    relationship with G.C. Mother was unable to regularly attend the sessions, due
    in part to the fact that Mother had fallen and broken her leg around this time,
    and she stopped meeting with Heath altogether in August 2012. Heath
    concluded that, due to Mother’s sporadic attendance, she had not benefitted
    from the services.
    [10]   Mother continued individual therapy in October 2012, this time with Michael
    Wright from the Bowen Center. Wright attempted to assist Mother through the
    use of cognitive behavioral therapy. Early on in the therapy, Wright gave
    Mother a list of many examples of types of distorted thinking and their
    2
    SCAN is a non-profit organization partially funded by DCS that provides services to family and children
    such as home-based case management and supervised visitation. See SCAN’s History & Evolution,
    https://www.scanfw.org/history (last visited Sept. 11, 2015).
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015                   Page 6 of 40
    definitions and asked that she memorize ten of them. Wright testified that his
    therapy with Mother never progressed past this stage because she did not
    complete the assignment and was not otherwise engaged in the therapy.
    Wright also testified that Mother’s attendance record was poor—she attended
    twenty-one out of forty-seven sessions—and that he did not believe she had
    benefitted from the services.
    [11]   Mother’s final individual therapist was Marla McQuinn, also from the Bowen
    Center. Mother began meeting with McQuinn in January 2014 and continued
    meeting with her until the time that her parental rights were terminated.
    McQuinn also attempted to use cognitive behavioral therapy with Mother.
    During sessions, the two would discuss Mother’s distorted thinking. McQuinn
    testified that Mother attended all but one of their scheduled sessions; however,
    because the two had trouble determining what to work on, she did not believe
    that Mother had benefitted from her services.
    [12]   Throughout this time, Mother was regularly visiting her children. However, on
    March 21, 2013, the trial court ordered that Mother not be allowed to visit N.G.
    until DCS and SCAN, who had been supervising the visits, deemed it to be
    appropriate. This order came as the result of an incident during a visit between
    Mother and N.G. in which Mother had asked N.G. to pick popcorn up from
    the floor. Tr. p. 620. N.G. became upset, ran out of the room, and told a
    SCAN employee that he did not want to see Mother anymore. 
    Id. at 621.
    In
    the same order, the trial court also limited Mother’s visitation with G.C., L.C.,
    and M.C. to one time per month.
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015   Page 7 of 40
    [13]   Events took a drastic turn on July 3, 2013, when the trial court was forced to
    hold a detention hearing after Father was arrested for molesting one of
    Stepmother’s children. At the time, the victim resided in Father’s home
    alongside N.G., L.C, and M.C. Father was later convicted of four counts of
    child molesting and two counts of sexual misconduct with a minor and
    sentenced to a four-year executed term of imprisonment. Following his arrest,
    the trial court ordered the children removed from Father’s home and placed in
    foster care. Following his placement in foster care, N.G. had to be hospitalized
    in Parkview Behavioral Health as a result of his volatile behavior.
    [14]   On October 7, 2013, DCS filed a proposed permanency plan in the trial court,
    recommending termination of Mother and Father’s parental rights as to all of
    the children. The trial court issued an order, that: (1) changed the children’s
    permanency plan to adoption; (2) continued the children’s placement in foster
    care; and (3) authorized DCS to file a petition to terminate parental rights. The
    trial court also ordered that Stepmother be allowed to visit the children in
    accordance with the recommendation of the children’s therapist.
    [15]   On July 24, 2013, DCS petitioned to terminate Mother’s parental rights as to
    her oldest son, G.C. On March 14, 2014, Juvenile Court Judge Charles Pratt
    denied DCS’s petition, concluding that termination of Mother’s parental rights
    was not in G.C.’s best interests. Judge Pratt reasoned as follows:
    [DCS] must be able to demonstrate that permanency through adoption
    is preferable to permanency through foster care while reunification
    efforts continue. Of essential importance in determining the difference
    is the parent’s willingness and positive steps a parent has made to
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015   Page 8 of 40
    achieve reunification. Clearly [Mother] has not made the progress she
    needs to make to properly meet [G.C.’s] special needs. However, she
    has completed some of the services (e.g. parenting instruction) and she
    has not stopped or refused counseling services. [Mother] and [G.C.]
    love each other. Unlike his younger siblings, [G.C.] yearns to be
    returned to her care and has a bond with her. [G.C.’s] younger
    siblings refer to [Mother] in the third person and have demonstrated a
    clear pattern of agitation following visits.
    State’s Ex. 26. Judge Pratt determined that, in light of G.C.’s special needs, his
    love for Mother, and the ongoing likelihood that he would need therapy, it
    could not conclude that G.C.’s interests would be best served by termination of
    Mother’s parental rights rather than simply continuing his placement in foster
    care. 
    Id. [16] Three
    days later, on March 17, 2014, DCS filed petitions to terminate Mother
    and Father’s parental rights as to N.G., L.C., and M.C. This time, the case was
    heard by Magistrate Thomas Boyer. On May 21, 2014, prior to ruling on the
    petitions, the trial court suspended Mother’s visits with L.C. and M.C. entirely.
    It reasoned that “[t]he behavior of [L.C.] and [M.C.] deteriorates immediately
    following visitation with [Mother]” and that, following the visits, L.C. and
    M.C. experienced “bedwetting, nightmares, agitation, and aggression.” State’s
    Ex. 24. Magistrate Boyer concluded that Mother’s visitation significantly
    impaired L.C. and M.C.’s emotional development.
    [17]   On July 3, 2014, Mother submitted a subpoena duces tecum to Lisa Burton of
    SCAN for the production of documents and other things related to N.G., L.C.,
    and M.C. Burton provided Mother with some documents but failed to provide
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015   Page 9 of 40
    Mother with videotapes of several of the Children’s therapy sessions. Mother
    and Father learned of the existence of the tapes during the termination hearing.
    Father orally moved to dismiss the case, arguing that the tapes could contain
    vital information relevant to his defense. Magistrate Boyer denied the motion.
    Eventually, Mother’s counsel was able to view the tapes and to refer to the
    content of the tapes in her cross-examination of Burton.
    [18]   On December 12, 2014, Magistrate Boyer issued an order terminating the
    parent-child relationship between Mother and Father and N.G., L.C., and
    M.C.3 Mother now appeals.
    Discussion and Decision
    I. Standard of Review
    [19]   The Fourteenth Amendment to the United States Constitution protects a
    parent’s right to establish a home and raise her children. In re G.Y., 
    904 N.E.2d 1257
    , 1259 (Ind. 2009). Our Supreme Court has observed 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.’” 
    Id. (quoting Troxel
    v. Granville, 
    530 U.S. 57
    , 65 (2000)). However, this right is not absolute and the interests of
    parents must be subordinated to those of their children when parents are unable
    3
    Father does not appeal the termination of his parental rights.
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015   Page 10 of 40
    or unwilling to meet the responsibilities that accompany this right. 
    Id. at 1259-
    60.
    [20]   When reviewing the termination of parental rights, we do not reweigh the
    evidence or judge the credibility of the witnesses. 
    Id. at 1260.
    We consider
    only the evidence and reasonable inferences drawn therefrom that are most
    favorable to the judgment. 
    Id. As the
    trial court has entered findings of fact and
    conclusions of law in this case, we will apply a two-tiered standard of review.
    
    Id. We will
    determine whether the evidence supports the findings and then
    determine whether the findings support the judgment. 
    Id. We will
    reverse the
    trial court’s judgment only if it is clearly erroneous, meaning that the trial
    court’s findings do not support its conclusions or its conclusions do not support
    its judgment. 
    Id. [21] Indiana
    Code section 31-35-2-4(b)(2) requires that a petition must allege:
    (A)      that one (1) of the following is true:
    (i)      The child has been removed from the parent for at least
    six (6) months under a dispositional decree.
    (ii)     A court has entered a finding under IC 31-34-21-5.6 that
    reasonable efforts for family preservation or
    reunification are not required, including a description of
    the court's finding, the date of the finding, and the
    manner in which the finding was made.
    (iii)    The child has been removed from the parent and has
    been under the supervision of a local office or probation
    department for at least fifteen (15) months of the most
    recent twenty-two (22) months, beginning with the date
    the child is removed from the home as a result of the
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015      Page 11 of 40
    child being alleged to be a child in need of services or a
    delinquent child;
    (B)      that one (1) of the following is true:
    (i)      There is a reasonable probability that the conditions that
    resulted in the child's removal or the reasons for
    placement outside the home of the parents will not be
    remedied.
    (ii)     There is a reasonable probability that the continuation of
    the parent-child relationship poses a threat to the well-
    being of the child.
    (iii)    The child has, on two (2) separate occasions, been
    adjudicated a child in need of services;
    (C)      that termination is in the best interests of the child; and
    (D)      that there is a satisfactory plan for the care and treatment of the
    child.
    DCS must prove these allegations by clear and convincing evidence. Ind. Code
    § 31-37-14-2.
    II. Sufficiency of the Evidence
    [22]   In its order, the trial court cited the same list of findings to support its
    conclusions that it was unlikely that the conditions that led to the children’s
    removal were likely to be remedied and that termination of Mother’s parental
    rights was in the children’s best interests. The trial court relied on:
    1.       [Mother’s] history of verbal abuse towards [N.G., L.C., and
    M.C.].
    2.       [Mother’s] history of physical abuse to [N.G.].
    3.       [Mother’s] failure to protect [N.G.] from physical abuse by
    [Boyfriend].
    4.       [Mother’s] lack of compliance and progress in counseling.
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015       Page 12 of 40
    5.       [Mother’s] history of not taking her medications as prescribed.
    6.       [Mother’s] history of not taking [N.G.] to therapy on a
    consistent basis.
    7.       [Mother’s] history of not following medical advice from
    [N.G.’s] psychiatrist.
    8.       [Mother’s] inability to control and redirect the behavior of
    [N.G., L.C., and M.C.] during visitation.
    9.       The negative behaviors exhibited by [N.G., L.C., and M.C.]
    immediately following visitation with [Mother].
    10.      The emotional distress suffered by [N.G., L.C., and M.C.] as a
    result of contact with [Mother].
    11.      The improvement in the behavior and mental health of [N.G.,
    L.C., and M.C.] after visitation with [Mother] was suspended.
    12.      The invalid test results from [Mother’s] Child Abuse Potential
    Inventory in 2010 and 2012.
    Appellant’s App. p. 45. Mother argues that the evidence is insufficient to
    support several of these findings and that these findings do not support the trial
    court’s judgment.4 We reach different results as to the sufficiency of this
    evidence as it relates to L.C. and M.C. as opposed to N.G., and we discuss each
    in turn.
    4
    Mother also argues that her due process rights were violated when the trial court refused to dismiss the case
    following revelations that Lisa Burton had not complied with a subpoena duces tecum. We note that, as
    Mother has not included the subpoena in the record, we cannot determine whether Burton failed to comply.
    In any event, Mother’s counsel was given an opportunity to view the tapes and incorporate reference to their
    contents into her argument. This is not to say, however, that allegations that a third party who had
    possession of these tapes and knowledge of their existence blatantly disregarded a subpoena that Mother
    alleges called for their production should have caused the trial court no concern. If true, the trial court would
    be within its discretion to punish such actions as contempt. 17 Am. Jur. 2d Contempt § 124. While it is true
    that, due to the contents of the tapes, it might be appropriate to only allow counsel for the parents, and not
    the parents themselves, to view them, this does not mean that the appropriate course of action for one who
    has been served with such a subpoena is simply to ignore it.
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015                       Page 13 of 40
    A. Termination of Mother’s Relationship with L.C. and
    M.C.
    1. The Conditions that Led to Removal
    [23]   In determining whether the conditions that led to removal are not likely to be
    remedied, the trial court should judge a parent’s fitness at the time of the
    termination hearing and consider any change in conditions since the removal.
    Lang v. Starke Cnty. Office of Family & Children, 
    861 N.E.2d 366
    , 372 (Ind. Ct.
    App. 2007). The trial court can consider the services offered by DCS and the
    parent’s response to those services. In re D.J., 
    755 N.E.2d 679
    , 684 (Ind. Ct.
    App. 2001). “A pattern of unwillingness to deal with parenting problems and
    to cooperate with those providing social services, in conjunction with
    unchanged conditions, support a finding that there exists no reasonable
    probability that the conditions will change.” In re L.S., 
    717 N.E.2d 204
    , 210
    (Ind. Ct. App. 1999). However, “termination of parental rights cannot be based
    entirely upon conditions which existed in the past, but which no longer exist.”
    In re T.C., 
    630 N.E.2d 1368
    , 1374 (Ind. Ct. App. 1994).
    [24]   The evidence presented as to Mother’s relationship with L.C. and M.C. differs
    markedly from that presented in regard to her relationship with N.G. There is
    little, if any, evidence in the record regarding the state of Mother’s relationship
    with L.C. and M.C. and her ability to care for them prior to their removal.
    L.C. and M.C. were removed along with N.G. after he was struck with a belt,
    but the trial court did not find, and DCS has never claimed, that L.C. and M.C.
    were the victims of physical abuse as well. The trial court makes only two
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015   Page 14 of 40
    findings that relate to L.C. and M.C.’s home situation prior to their removal,
    citing Mother’s “history of verbal abuse” towards her children and her “history
    of not taking her medications as prescribed.” Appellant’s App. p. 45.
    [25]   To begin, the trial court’s finding that Mother has a history of verbally abusing
    the children finds no support in the record. Specifically, the trial court found
    that “[Mother] has a history of verbally abusing [the children], which was
    observed by [Father].” Appellant’s Br. p. 41. Father testified extensively at the
    hearing and made no mention of having observed Mother verbally abusing the
    children.5 Tr. p. 850-925. Furthermore, we can find no other evidence in the
    record establishing that Mother verbally abused the children.
    [26]   As for Mother’s history of not taking her medications as prescribed, while this
    finding is supported by the record, it has little relevance here given the lack of
    evidence of any resulting consequence to L.C. and M.C. Although not taking
    prescribed medication is certainly not advisable, a trial court cannot simply
    assume that this fact counsels in favor of terminating parental rights without
    any evidence of a connection between a parent’s failure to take the medication
    and a negative consequence to her children. Although a nexus could be
    5
    We do not mean to imply that, had Father uttered the magic words “verbal abuse” while testifying, this
    would have been sufficient to support the trial court’s finding. Adults frequently speak to children in a
    manner that would be considered inappropriate if used in conversation with other adults and we wish to
    make clear that parents need not fear that they will lose their children for having lost their temper and yelled.
    Were we to consider verbal abuse as a factor in determining whether parental rights should be terminated, the
    record would need to contain evidence describing that verbal abuse and its extent so that we could determine
    whether it reaches a level that would counsel in favor of termination.
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015                       Page 15 of 40
    inferred had there been evidence of negative consequences to L.C. and M.C.,
    such consequences are not necessarily implied by Mother’s failure to take her
    medication.
    [27]   Furthermore, the trial court’s finding on this point takes no account of Mother’s
    recent history of regularly taking her medication. While the trial court found
    that up until 2013, Mother had not taken her medication as directed, it also
    found that between October 2013 and July 31, 2014, just before the
    commencement of the termination hearing, she had taken her medication as
    directed. Appellant’s App. p. 38.
    [28]   We note that when deciding whether there is a reasonable probability that the
    conditions that led to removal will not be remedied, a trial court must judge a
    parent’s fitness to care for her children at the time of the termination hearing
    and take into consideration evidence of changed conditions. In re D.K., 
    968 N.E.2d 792
    , 798 (Ind. Ct. App. 2012). With this in mind, while the trial court’s
    findings regarding the distressing nature of Mother’s past noncompliance with
    medication are supported by evidence, if the trial court wishes to use these
    findings to support the conclusion that the conditions that led to the children’s
    removal are unlikely to change, it may not simply ignore its own findings as to
    Mother’s recent improvement.
    2. The Reasons for Placement Outside the Home
    [29]   By requiring the State to establish a reasonable probability that “the conditions
    that resulted in the child’s removal or the reasons for placement outside the
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015   Page 16 of 40
    home of the parents will not be remedied,” our termination statute makes clear
    that the trial court may consider the initial basis for removal as well as any basis
    resulting in a child’s continued placement outside of the home in determining
    whether parental rights should be terminated. I.C. § 31-35-2-4(b)(2) (emphasis
    added); In re A.I., 
    825 N.E.2d 798
    , 806 (Ind. Ct. App. 2005). With regard to
    L.C. and M.C., the trial court focused almost exclusively on reasons for their
    continued placement outside of Mother’s care, citing:
    4.       [Mother’s] lack of compliance and progress in counseling.
    ***
    8.       [Mother’s] inability to control and redirect the behavior of
    [N.G., L.C., and M.C.] during visitation.
    9.       The negative behaviors exhibited by [N.G., L.C., and M.C.]
    immediately following visitation with [Mother].
    10.      The emotional distress suffered by [N.G., L.C., and M.C.] as a
    result of contact with [Mother].
    11.      The improvement in the behavior and mental health of [N.G.,
    L.C., and M.C.] after visitation with [Mother] was suspended.
    Appellant’s App. p. 45.
    a. Progress in Counseling
    [30]   As for Mother’s lack of compliance and progress in counseling, the evidence
    suggests that Mother had a mixed history of compliance that was steadily
    improving at the time of termination. Mother’s latest counselor, Marla
    McQuinn, testified that Mother had attended all but one of their scheduled
    sessions. DCS acknowledges that Mother has regularly attended recent
    sessions, but argues that, even if Mother has been compliant, she has still failed
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015    Page 17 of 40
    to make progress. It points out that McQuinn “questioned whether Mother was
    benefitting” from the services. Appellee’s Br. p. 25. For its part, the trial court
    made three specific findings as to Mother’s progress with cognitive behavioral
    therapy:
    35.      Marla McQuinn of the Bowen Center has been [Mother’s]
    therapist since January 24, 2014. [Mother’s] attendance and
    participation in therapy has improved since she has been
    working with Ms. McQuinn.
    36.      Ms. McQuinn is uncertain of whether [Mother] is benefitting
    from cognitive behavioral therapy. [Mother] still demonstrates
    closed thinking patterns and distortion in her perception of
    events.
    37.      [Mother] has been involved in cognitive behavioral therapy for
    over (2) years with little or no benefit or improvement in her
    thinking patterns. As noted by Dr. Lombard in his testimony
    there should be some signs of improvement after three (3) to six
    (6) months of participation in cognitive behavioral therapy.
    Appellant’s App. p. 38. Mother challenges the accuracy of findings #36 and
    #37.
    [31]   We agree with Mother that the evidence does not support these findings.
    Particularly, the trial court’s finding that “[Mother] still demonstrates closed
    thinking patterns and distortion in her perception of events” is not supported by
    clear and convincing evidence. 
    Id. The trial
    court apparently bases this finding
    on portions of McQuinn’s testimony where she discussed alleged differences
    between Mother’s perception of events that took place during supervised visits
    with the children and SCAN employees’ perceptions of those same events.
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015   Page 18 of 40
    McQuinn testified to two examples of these “cognitive distortions,” the first of
    which she described as follows:
    Counsel:          Okay. So what exactly did you work on with [Mother]
    in C.B.T.? [cognitive behavioral therapy]
    McQuinn:          Well, the request was made that we work on cognitive
    distortions, and I needed clarification on what those
    were. And we have family team service provider
    meetings with other service providers [such as SCAN],
    and it would be discussed as far, you know, how the
    visits were going, things that happened, and, you know,
    how the service providers kind of felt those were going
    and then, you know, how [Mother] felt those were
    going.
    Counsel:          Okay. Now, what—can you—real—we’re gonna be
    specific now: What type of distorted thoughts are you
    specifically referencing?
    McQuinn:          One example is that they were saying that she brought
    unsealed food to the visit, it sounded like they felt she
    did that more than one (1) time and, you know, those
    were things—like I would address that in session with
    her and just say, you know, “Let’s talk about, you
    know— this is what they’re seeing.” And she would—
    she stated that she only brought, you know, unsealed
    food, like that only happened one (1) time.
    Tr. p. 71-72.
    [32]   We pause to note that, even were it true that Mother was mistaken about how
    many times she brought unsealed food to a visit with the children, we believe
    that, although this may technically qualify as a cognitive distortion, it would be
    so trivial as to lend no support to the trial court’s overall conclusion in this
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015      Page 19 of 40
    case.6 But more importantly, there is no evidence in the record that Mother was
    actually wrong about how many times she brought unsealed food.
    Consequently, there is no evidence that this triviality was even a cognitive
    distortion in the first place. McQuinn testified that she had been given different
    versions of events related to the unsealed food and that she could not tell which
    was correct. 
    Id. at 105.
    [33]   McQuinn’s next, and final, example of Mother’s cognitive distortions also
    cannot be taken seriously:
    Counsel:          What other perceptions or distorted thoughts did you
    work on with [Mother]?
    McQuinn:          One of the other examples was that she, during a visit,
    would tell the girls that she was their mother, she would
    cradle their face. Service providers didn’t feel like that
    was appropriate. And, you know, her perception is she
    was trying, I think, to express that she is their mother,
    but I—you know, I don’t know, I wasn’t there.
    
    Id. at 74.
    We wish to take this opportunity to make clear that a mother cradling
    her daughters’ faces and telling them that she is their mother is not evidence of
    a mental health issue. We are at a loss as to why SCAN would find this
    behavior inappropriate. As a final note, and most tellingly, we observe that
    when asked if she felt as though she had been given clear direction from DCS
    6
    We do not mean to suggest that Mother’s failure to comply with a service provider’s rules would be a trivial
    matter. We merely observe that a disagreement over the exact number of times Mother had broken a
    particular rule is trivial when considering the state of Mother’s mental health. Even if Mother were mistaken,
    we would hope that a commonplace mistake such as this would be viewed with empathy lest we all be
    deemed unfit to raise children.
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015                    Page 20 of 40
    about what services to provide to Mother, McQuinn responded: “Not really.”
    
    Id. at 103.
    We cannot be surprised that Mother had not reached the level of
    improvement anticipated if DCS had not clearly indicated to the service
    provider what that level was.
    [34]   In short, the trial court found that Mother “still demonstrates closed thinking
    patterns and distortion in her perception of events” because she had a
    disagreement with SCAN employees, which remains unresolved, and because
    she told her own children that she was their mother. Appellant’s App. p. 38. It
    is self-evident that the trial court’s finding on this point is not supported by clear
    and convincing evidence. And it therefore follows that the trial court’s next
    finding, that there has been little or no improvement in Mother’s thinking
    patterns, is based on insufficient evidence as well. 
    Id. b. L.C.
    and M.C.’s Behavior During and Following
    Visits
    [35]   We are left with L.C. and M.C.’s poor behavior during and following visits as
    the sole basis for the trial court’s finding that the reason for their placement
    outside Mother’s home will not be remedied. Mother attended supervised visits
    with L.C. and M.C. from the time they were removed from her care in August
    2011 until the trial court ordered a cessation of visits in May 2014. The visits
    were held at SCAN as well as Dr. Lombard’s office and supervised by five
    different individuals who testified at Mother’s termination hearing.
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015   Page 21 of 40
    [36]   Joyce Spieth supervised these visits from September 2011 to approximately
    May 2012. At this time, Mother was allowed to visit all four of the children on
    a bi-weekly basis. Spieth testified that Mother behaved appropriately during the
    visits, that she appeared to share a bond with the children, and that the children
    referred to Mother as “mommy.” Tr. p. 726-27. Spieth also testified that
    Mother was able to manage the children during visitation and that she had no
    concern as to Mother’s ability to parent. 
    Id. at 731.
    [37]   From May 2012 to October 2013, visits were held in Dr. Lombard’s office.
    Throughout this time, Dr. Lombard personally observed only one of the visits.7
    As to Mother’s interaction with the children, Dr. Lombard testified that “[t]he
    children wanted to talk to her, wanted to do activities with her, wanted to
    interact with her, so they seemed comfortable with her, wanting to engage, so
    there seemed to be a bond with the children and the mother.” 
    Id. at 552.
    [38]   Ashlee Rager of SCAN supervised the visits from November 2012 through June
    2013. Rager testified that Mother would come prepared for the visits and that
    she and the children would watch movies, play board games, and occasionally
    make crafts that Mother had brought for them. 
    Id. at 616.
    Rager observed L.C.
    and M.C. had an emotional attachment to their Mother and that they would
    engage in activities with her and hug her. 
    Id. at 628.
    7
    The other visits were observed by a staff member at Dr. Lombard’s office who did not testify at the hearing.
    Tr. p. 543-44.
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015                    Page 22 of 40
    [39]   As to discipline, Rager testified that Mother “had set up different techniques”
    and “had brought in a paper once, kind of outlining rules and guidelines that
    she wanted the kids to follow, and had kind of like a meeting with all the kids to
    discuss that.” 
    Id. at 618.
    Rager testified that Mother’s discipline techniques
    were not always effective and that sometimes the children were not obedient.
    Rager described some portions of the visits as “chaotic,” noting that when
    Mother would attempt to have all the children sit down together as a family
    “the kids would not settle down to do family as a group or they would be off
    doing their own things during the visit.” 
    Id. at 619.
    [40]   On March 21, 2013, on Rager’s recommendation, the trial court suspended
    visitation between Mother and N.G. entirely, and restricted Mother’s visitation
    with L.C., M.C., and G.C. to one time per month. Rager explained the reason
    for her recommendation as follows:
    This visitation had occurred, there was an incident in which [N.G] and
    [G.C.] were both asked to pick up, they had thrown some popcorn on
    the floor. [N.G.] would not go over and pick up like he was supposed
    to, so [Mother] kind of got close to him, kind of in his boundary, in his
    space, and didn’t form a boundary with him; and he got angry and ran
    out of the room at that time. When he ran out, we were in the SCAN
    waiting room, which is directly off of that office. The receptionist was
    sitting there and [N.G.] ran straight to [Father] and [Stepmother], who
    were sitting in the waiting room, and said that he no longer wanted to
    have visitations with his mom and that he did not want to see her. A
    therapist, another SCAN therapist, came out who had been down the
    hall to see what was going on, was trying to comfort [N.G.], and then
    once he walked out . . . I believe he walked out the door with
    [Stepmother], I don’t know that a hundred percent sure, I don’t recall;
    but [Mother] then came back into the room and said that she was just
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015   Page 23 of 40
    trying to discipline him and to get him to do what he was supposed to
    do and follow the directions.
    
    Id. at 620-21.8
    [41]   Rager went on to testify that she had recommended that visitation between
    Mother and her other three children be restricted to one time per month
    because of what she viewed as the general chaos of the visits—citing an incident
    where Mother had attempted unsuccessfully to put M.C. in a time-out. 
    Id. at 623.
    Rager noted that around this time, L.C. and M.C. would refer to Mother
    by her first name and refer to Stepmother as “mom.” 
    Id. at 625-28.
    [42]   Kenneth Shields was the next to supervise the visits, meeting with Mother and
    L.C. and M.C. between July 2013 and February 2014. This period immediately
    followed Father’s incarceration and L.C. and M.C.’s removal from his care and
    placement in foster care. DCS relies heavily on Shields’s testimony to support
    its contention that Mother exhibited inappropriate behavior during visits with
    the children. Appellee’s Br. p. 8.
    [43]   In particular, Shields testified that “in relation to [G.C.] asking about a future
    visit . . . [Mother] had made the comment, you know, if the Court granted
    another visit.” Tr. p. 326. Focusing on Mother’s use of the word “if,” Shields
    8
    The record contains other evidence of N.G.’s proclivity for fleeing from rooms to avoid discipline. N.G.’s
    therapist, Lynn Baker, testified to having observed N.G. head-butt his parents during a therapy session and
    then attempt to run out of the room. Tr. p. 194. Baker had to block the door with her chair to prevent his
    escape, which she deemed an appropriate response given the circumstances. 
    Id. Similarly, Mother
    testified
    to having attempted to block the door to prevent N.G.’s escape during the above-described incident,
    however, she maintains that Rager instructed her to move out of the way. 
    Id. at 976-77.
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015                    Page 24 of 40
    concluded that such conditional language was inappropriate as “it seemed that
    it would leave the kids in the tenuous position of whether they would get to see
    their mother or not again.” 
    Id. Shields also
    noted an incident in which L.C.
    and M.C. informed Mother that they had visited Stepmother at some point after
    their removal from Stepmother’s care. Mother wondered aloud whether such
    visits were authorized and asked Shields if they had occurred. Shields also
    believed this to be inappropriate. 
    Id. at 326-27.
    Finally, he noted that Mother
    would occasionally whisper to the children, which was against SCAN policy.
    
    Id. at 340-41.
    [44]   As for Mother’s interaction with L.C. and M.C. during the visits, Shields
    testified:
    It was typical during the visits for [Mother] to always bring a lot of
    stuff, usually gifts or clothing or food and that sort of thing, so the kids
    would become very excited . . . excitable at that point, it would kind of
    escalate their behavior. And when the girls would get overexcited like
    that, she would . . . she would do her best to try to distract them by,
    you know, saying, “Let’s all line up like ducks” was one example of
    what she had done at one point. And then it would . . . at that time,
    she would say “I’m gonna put you in time out if you can’t . . . you
    know, if you don’t settle down.”
    
    Id. at 327.
    Shields testified that when Mother warned L.C. and M.C. that they
    were going to be put in time-out, their behavior would “not always” change and
    that Mother often failed to follow through by actually putting L.C. and M.C. in
    time-out if they continued to misbehave. 
    Id. at 360.
    Shields testified that he
    could have helped Mother work on effective modes of discipline but he did not
    do so because Mother never asked. 
    Id. at 338-39.
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015      Page 25 of 40
    [45]   Lisa Burton, also of SCAN, began meeting with L.C. and M.C. individually in
    January 2014. She observed one visit between Mother and L.C. and M.C. in
    February 2014. As to Mother’s behavior during the visit, Burton testified that
    “[h]er behavior, her appearance, her timeliness, all of that was perfectly
    appropriate.” 
    Id. at 760.
    However, Burton noted that “[w]hat was
    inappropriate was the girls’ reaction.” 
    Id. Burton noted
    that L.C. and M.C. got
    up on the table on several occasions and that—in the month or so that she had
    known them—she had never seen them behave in that fashion. Burton also
    noted Mother’s insistence that L.C. and M.C. not refer to anyone else as their
    mother.
    [46]   Burton also observed L.C. and M.C.’s behavior when she conducted therapy
    sessions with the girls following the visits with Mother. Burton testified that
    L.C. and M.C. “would go home in tears, they were wetting the bed, they were
    having nightmares, and so we did almost a debriefing kind of session
    afterward.” 
    Id. at 769.
    However, Burton also testified to having observed very
    similar behavior from L.C. and M.C. following a visit with someone other than
    Mother. 
    Id. at 747.
    [47]   In March of 2014, Burton requested that visits between Mother and L.C. and
    M.C. be suspended entirely. Burton explained that:
    At this point, we had several months of documentation of explosive
    behavior from them and no indication of their interest, need, or desire
    to have contact with biological parents; so I requested that we suspend
    it and see if there was any change in both that . . . the negative
    behavior, as well as if there would be an increase in requesting in the
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015   Page 26 of 40
    absence, if there would be, after a pause, perhaps an ability to refresh,
    trust, and a desire to build a relationship at that point. Sometimes a
    little time and a little break can be helpful.
    
    Id. at 776.
    Following this recommendation, the trial court suspended all
    visitation in May 2014 and visitation never resumed prior to Mother’s parental
    rights being terminated. Burton noted an improvement in L.C. and M.C.’s
    behavior following cessation of the visits. 
    Id. at 777.
    [48]   Viewed in its totality, this evidence indicates that Mother has a substantial
    history of coming to visits prepared and behaving appropriately. Though DCS
    tries its best to highlight the instances in which Mother failed to comply with
    the rules laid out by supervisors, these infractions are minor—involving things
    such as whispering to the children and an allegedly improper use of the word
    “if.” And the record indicates that when warned about these infractions,
    Mother would comply with the service provider’s wishes. 
    Id. at 631.
    This
    behavior pales in comparison to other instances where we have determined that
    a parent’s behavior during visitation and actions towards service providers
    counselled in favor of termination. See In re A.H., 
    832 N.E.2d 563
    , 566 (Ind. Ct.
    App. 2005) (father displayed a complete lack of ability to control his anger
    during visitations, became combative and angry with service providers, and
    threatened to bomb the office of family and children).
    [49]   This evidence also reflects that after nearly three years of being kept outside of
    Mother’s care, L.C. and M.C.’s relationship with Mother has deteriorated.
    However, the evidence sheds little light on whether this deterioration is
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015    Page 27 of 40
    attributable to Mother. The trial court did not find that L.C. and M.C.’s
    behavior came as a result of Mother’s actions or that she was otherwise
    responsible for the children’s reactions. And we do not believe such a finding
    would have been supported by this evidence had it been made. Because a
    decline in the quality of the relationship between Mother and her children was a
    foreseeable consequence of affording Mother such limited contact, were we to
    use this as the sole basis for terminating her parental rights absent a showing of
    significant responsibility on her part, we would be paying little more than lip
    service to Mother’s constitutional right to raise her children.
    c. L.C. and M.C.’s Best Interests
    [50]   We acknowledge that L.C. and M.C. have suffered as a result of the
    tumultuous events of the past few years and we do not doubt that the children
    could benefit from stability. However, the law of this State manifests a clear
    preference for the reunification of families. Indiana Code section 31-34-21-5.5
    requires DCS to “make reasonable efforts to preserve and unify families.” It
    goes without saying that children who have been removed from their mother’s
    care for a number of years may grow less attached to her. This is perhaps one
    reason why, when a child has been removed from a home, DCS is directed “to
    make it possible for the child to return safely to the child’s home as soon as
    possible.” I.C. § 31-34-21-5.5.
    [51]   The children have been removed from Mother’s home since 2011 because N.G.
    had been subjected to physical abuse. However, there is no evidence in the
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015   Page 28 of 40
    record indicating that L.C. and M.C. were subjected to this abuse and DCS
    does not allege that a return to Mother’s care would jeopardize L.C. and M.C.’s
    physical safety. Furthermore, the evidence suggests that Mother now maintains
    stable housing, which is kept in a clean and orderly manner, that she has been
    taking her prescribed medication, that she has regularly attended her therapy
    sessions, and that she has otherwise complied with the requirements of her
    parent participation plan.
    [52]   DCS’s case in support of termination in regard to L.C. and M.C. rests entirely
    on the premise that the children suffer emotionally as a result of contact with
    Mother. However, as previously discussed, the evidence does not indicate that
    L.C. and M.C.’s negative reactions towards Mother are anything other than the
    foreseeable consequence of years of separation with limited contact. In sum,
    the evidence in the record does not support the conclusion that L.C. and M.C.’s
    best interests would be served by terminating their relationship with their
    Mother.9 Therefore, we reverse the portion of the termination order relating to
    L.C. and M.C.
    B. Termination of Mother’s Relationship with N.G.
    [53]   While many of the trial court’s findings that purport to relate to all three
    children are not supported by the evidence, this is not the case regarding the
    9
    For these same reasons we find that the evidence in the record does not support a conclusion that
    continuation of the parent-child relationship between L.C. and M.C. and Mother poses a threat to the well-
    being of the children. I.C. § 31-35-2-4(b)(2)(B).
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015                   Page 29 of 40
    numerous findings that relate specifically to N.G. We believe that these
    findings, viewed in light of the evidence most favorable to them, compel us to
    affirm the trial court’s decision to terminate Mother’s parental rights as to N.G.,
    given our highly deferential standard of review.
    [54]   The evidence makes clear that Mother has had a particularly difficult time
    parenting N.G. N.G. has been seeing therapists since he was three years old
    and has been diagnosed with attention deficit hyperactivity disorder as well as
    oppositional defiant disorder. Appellee’s Br. p. 10. Mother complained that
    N.G. behaved aggressively and could not be managed in any setting. In 2012,
    Dr. Ahmad, one of N.G.’s psychiatrists, noted his concern over Mother’s ability
    to care for N.G. State’s Ex. 43. Dr. Ahmad noted that Mother had sought to
    have N.G. admitted to the hospital on many occasions, which Dr. Ahmad
    deemed unnecessary and inappropriate. 
    Id. At the
    time N.G. was removed
    from Mother’s care, he had been prescribed eight different medications.
    [55]   The trial court also found that Mother had a history of physically abusing
    N.G.10 In 2009, DCS substantiated a report that Mother had physically abused
    N.G., apparently by hitting him with a dowel rod. Tr. p. 898. Two years later,
    10
    Though our CHINS statute provides that it shall not be construed to “limit the right of a parent, guardian,
    or custodian of a child to use reasonable corporal punishment when disciplining a child,” Mother has never
    argued that her actions were reasonable or intended as a punishment. I.C. § 31-34-1-15; See Willis v. State,
    
    888 N.E.2d 177
    , 183 (Ind. 2008) (parent’s use of a belt or extension cord to strike her son five to seven times
    on the buttocks held to be reasonable corporal punishment when it was reasonably necessary and appropriate
    to compel obedience to Mother’s insistence that her son tell the truth).
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015                     Page 30 of 40
    while N.G. was in Mother’s care, Boyfriend hit N.G. with a belt, which led to
    the removal of all three children and the commencement of this case. 11
    [56]   Lynn Baker, a mental health therapist who has worked with N.G. for years,
    testified to her belief that N.G.’s memories of this physical abuse played a
    significant role in his continued negative behavior. 
    Id. at 178.
    Baker testified as
    to N.G.’s aggressive behavior during therapy sessions, which involved head-
    butting his parents, trying to destroy things in her office, and trying to open the
    door and run from the building. Baker believed that N.G. had lost the ability to
    trust that he was safe with Mother. 
    Id. at 182.
    Baker also testified that Mother
    had a poor record of bringing N.G. to therapy sessions consistently. 
    Id. at 172.
    [57]   Given Mother’s past inability to control N.G.’s behavior coupled with her
    history of resorting to physical abuse, we believe the trial court could infer that
    the circumstances would remain unchanged if N.G. were returned to her care.
    Although Mother has a recent history of taking her medication and a recent
    history of complying fully with the services provided her, we believe that given
    the evidence of Mother’s lengthy troubled relationship with N.G., the trial court
    was within its discretion to determine that the conditions that led to his removal
    were unlikely to change.
    11
    There is contradictory evidence in the record regarding whether Mother or Boyfriend hit N.G. with the belt
    in 2011. We note that the trial court did not find that it was Mother who struck N.G., but instead found that
    Mother had failed “to protect [N.G.] from physical abuse by [Boyfriend].” Appellant’s App. p. 45.
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015                   Page 31 of 40
    [58]   Furthermore, given N.G.’s special needs, we also believe that the trial court
    could have concluded that termination was in his best interests. The evidence
    indicates that N.G. is in need of continuing therapy and medication. Mother’s
    history of not taking N.G. to therapy sessions could allow the trial court to
    conclude that his needs would not be met were he returned to Mother’s care.
    Conclusion
    [59]   We have long observed that the “parent-child relationship is one of the most
    valued relationships in our culture.” In re D.L.M., 
    725 N.E.2d 981
    , 983 (Ind.
    Ct. App. 2000). The State has authority to interfere with this relationship only
    in certain limited circumstances. In re 
    L.S., 717 N.E.2d at 208
    . As the
    involuntary termination of parental rights severs all rights of a parent to her
    children, we recognize that it is “the most extreme sanction a court can impose”
    and “is intended only as a last resort, available when all other reasonable efforts
    have failed.” 
    Id. [60] Accordingly,
    when the State seeks to terminate the relationship between a
    parent and her child, the parent has an extremely important interest in the
    accuracy and justice of such a decision. Lassiter v. Dep’t of Soc. Servs. of Durham
    Cnty., N.C., 
    452 U.S. 18
    , 31 (1981). This is why the State is required to prove its
    case by clear and convincing evidence, a heightened standard applied in cases,
    such as this, “where the wisdom of experience has demonstrated the need for
    greater certainty.” In re 
    G.Y., 904 N.E.2d at 1260
    n.1 (quotations omitted).
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015   Page 32 of 40
    [61]   The evidence presented in regard to L.C. and M.C. falls far short of meeting
    this standard. At the end of the day, we cannot say with any confidence that
    the conditions that led to L.C. and M.C.’s removal will not be remedied—in
    part because we cannot determine what those conditions were—nor can we be
    at all certain that termination is in the children’s best interests. Given the
    gravity and permanence of the sanction, such certainty is required in
    termination cases.
    [62]   We reach a different conclusion in regard to N.G. in light of the evidence in the
    record regarding his special needs and instances of physical abuse.
    [63]   The judgment of the trial court is affirmed in part and reversed in part.
    Bailey, J., concurs, and Mathias, J., concurs in part and dissents in part with a
    separate opinion.
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015   Page 33 of 40
    IN THE
    COURT OF APPEALS OF INDIANA
    In the Matter of the Termination                           Court of Appeals Case No.
    02A04-1412-JT-605
    of the Parent-Child Relationship
    of:
    N.G., L.C., and M.C. (Minor
    Children),
    and
    A.C. (Mother),
    Appellant-Respondent,
    v.
    The Indiana Department of
    Child Services,
    Appellee-Petitioner
    Mathias, Judge, concurring in part and dissenting in part.
    [64]   I concur in the majority’s decision affirming termination of Mother’s parental
    rights to N.G., but I respectfully dissent from my colleagues’ conclusion that
    the trial court’s judgment terminating Mother’s parental rights to L.C., and
    M.C. is not supported by sufficient evidence. Although termination of Mother’s
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    parental rights to L.C. and M.C. might be a close call, given the well-
    established deference our court is required to give to trial courts in these
    matters, I would affirm the trial court in all respects.
    [65]   We have long had a highly deferential standard of review in cases involving the
    termination of parental rights. In re D.B., 
    942 N.E.2d 867
    , 871 (Ind. Ct. App.
    2011). In deference to the trial court’s unique position to assess the evidence in
    the context of its repeated contacts with Mother and her service providers, we
    will set aside a judgment terminating a parent-child relationship only if it is
    clearly erroneous. 
    Id. Clear error
    is that which “leaves us with a definite and
    firm conviction that a mistake has been made.” J.M. v. Marion Cnty. Office of
    Family & Children, 
    802 N.E.2d 40
    , 44 (Ind. Ct. App. 2004), trans. denied.
    [66]   The children were removed from Mother’s care in 2011 for a litany of very
    good reasons. Whether by Mother or by her boyfriend, N.G. had been struck by
    a belt with metal prongs that caused cuts and bruising. Mother also had a
    previous substantiated case of physical abuse toward N.G. Mother is bipolar,
    and at the time she was decompensating, or not taking her prescribed
    medications, and she was non-compliant with ordered services. In addition, she
    continued to maintain a relationship with the man who she alleged struck N.G.
    with the belt and who had threatened to kill her. Ex. Vol., State’s Ex. 5. DCS
    also believed that Mother was possibly a hypochondriac, and the children had
    seen several physicians. Father alleged that Mother verbally abused the children
    and had numerous old medications that she dispensed to them. In light of
    volume and seriousness of these allegations, it was reasonable for the court to
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    infer that Mother’s failure to take her medication, and the fact that she
    physically abused N.G., resulted in a volatile and unstable home environment
    causing numerous behavioral issues in the children, which were discussed at
    length in these proceedings.
    [67]   Although the facts in the record are a bit less stark than those supporting
    termination of parental rights to N.G., I believe the evidence is nonetheless
    sufficient for termination.
    [68]   The twins, who were eight-years-old on the date the termination judgment was
    issued, were five-years-old when they were removed from Mother’s care. L.C.
    and M.C.’s therapist observed that “they both clearly have trauma processing
    and anger management issues and concerns.” Tr. p. 779. When the twins are
    fearful of a person or experience, “their reactions are far more extreme . . . .
    They become so physically and emotionally worked up that there’s crying,
    there’s wetting, there’s screaming, there’s shaking. It is a very physical and
    emotional reaction.” Tr. p. 780. Also, the twins’ therapist believes that because
    the twins have the ability to attach to and trust other adults in their life, such as
    teachers and their foster parent, L.C. and M.C.’s refusal to talk about Mother
    and their negative reaction when Mother is discussed with them is “clinically
    significant.”12 Tr. pp. 784, 787-89. Therefore, their therapist concluded that the
    12
    Given this evidence, I strongly disagree with the majority’s conclusion that “the evidence does not indicate
    that L.C. and M.C.’s negative reactions towards Mother are anything other than the foreseeable consequence
    of years of separation with limited contact.” See Slip op at 29.
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    twins do not “feel safe and healthy or interested in” Mother. Tr. p. 790. From
    this evidence, it is reasonable to infer that the twins suffered emotional harm
    while in Mother’s care.
    [69]   As noted by the majority, on the date of the termination hearings, Mother had a
    stable home, was married, and her husband, who also has a daughter, was
    gainfully employed. Mother had also consistently taken her medication for her
    bipolar disorder for over six months prior to the hearings. These were good
    developments in Mother’s life. See In re A.B., 
    924 N.E.2d 666
    , 670 (Ind. Ct.
    App. 2010) (stating that to determine whether the conditions that led to a
    child’s removal will not be remedied, the juvenile court must judge a parent’s
    fitness to care for his or her child at the time of the termination hearing).
    Mother also had a history of positive supervised visitation with the twins.
    [70]   The juvenile court considered Mother’s recent stability but also appropriately
    weighed Mother’s recent improvements against her history of decompensating,
    or failing to take her medication. See 
    id. (stating the
    juvenile court’s inquiry
    must also evaluate a parent’s habitual patterns of conduct to determine the
    probability of future neglect or deprivation of the child). DCS presented
    evidence that without proper medication, “it is unlikely that [Mother] will be
    able to maintain a sense of stability in her personal, work, or social life.” Ex.
    Vol., Petitioner’s Ex. 41. Also, Mother failed to benefit from therapy. See e.g.
    Tr. pp. 49-50 (stating that Mother did not benefit from therapy and cancelled
    numerous appointments); Tr. p. 77 (stating that Mother’s sense of reality is
    different from the service providers); Tr. p. 412 (concluding that Mother has
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    poor coping skills); Tr. pp. 1016, 1077 (stating that after three years of services,
    Mother failed to successfully complete services and benefit from therapy).
    Mother’s current therapist testified that it is difficult to work with Mother in
    therapy because Mother’s version of reality is significantly different from the
    reports the therapist receives from Mother’s service providers.
    [71]   When this evidence is considered under our highly deferential standard of
    review, I would conclude that DCS presented clear and convincing evidence
    that the conditions that resulted in the children’s removal from Mother’s care
    will not be remedied because 1) we may reasonably infer that the twins suffered
    damaging emotional harm while in Mother’s care, and continued to suffer
    emotionally throughout these proceedings; 2) Mother lacks insight with respect
    to her mental health and behavior issues; 3) Mother failed to benefit from
    therapy and take responsibility for the harm she caused her children; and 4)
    Mother has historically been unable to take her prescribed medication
    consistently to treat her bipolar disorder. See In re M.S., 
    898 N.E.2d 307
    , 311
    (Ind. Ct. App. 2008); McBride v. Monroe Cnty. OFC, 
    798 N.E.2d 185
    , 199 (Ind.
    Ct. App. 2003) (stating that the juvenile court may properly consider a parent’s
    history of neglect and her response to services offered by the DCS to determine
    whether the conditions that led to the children’s removal will be remedied).
    Sadly, all of these proven facts lead me to conclude that the emotional distress
    suffered by L.C. and M.C. combined with Mother’s failure to take her
    medication for bipolar disorder irreparably harmed the parent-child
    relationship, particularly because Mother failed to consistently engage in and
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    complete services provided to her during the first two years of the CHINS
    proceedings.
    [72]   Similarly, I would also conclude that termination of Mother’s parental rights
    was in the children’s best interests. In determining what is in a child’s best
    interests, the trial court must look to the totality of the evidence. See A.D.S. v.
    Ind. Dep’t of Child Servs., 987 N .E.2d 1150, 1158 (Ind. Ct. App. 2013), trans.
    denied. “In so doing, the trial court must subordinate the interests of the parent
    to those of the child.” 
    Id. The court
    need not wait until a child is irreversibly
    harmed before terminating the parent-child relationship. 
    Id. [73] The
    twins exhibited numerous behavioral problems throughout these
    proceedings, including bed-wetting, inability to sleep, defiant behavior,
    impulsiveness, and trouble in school. Mother failed to provide a stable home for
    the children, and the children have been removed from her care for over three
    years. These children require stability, and a safe and healthy home
    environment. Mother’s poor coping skills, inability to benefit from therapy, and
    historical medication non-compliance lead me to conclude that Mother has not
    demonstrated that she will be able to provide a safe and stable home for the
    twins for any significant length of time.
    [74]   Moreover, after M.C.’s and L.C.’s visitation with Mother ceased, M.C. stopped
    wetting the bed, the twins’ behavior improved both at school and in the foster
    home, their sleep habits improved, and the number of nightmares decreased.
    Tr. pp. 774, 777, 794. Finally, many service providers testified that termination
    Court of Appeals of Indiana | Opinion 02A04-1412-JT-605 | September 29, 2015   Page 39 of 40
    of Mother’s parental rights was in the children’s best interests. See e.g. Tr. pp.
    144, 780, 1093.
    [75]   For all of these reasons, I conclude that clear and convincing evidence supports
    the trial court’s determination that termination of Mother’s parental rights is in
    L.C.’s and M.C.’s best interests. See In re A.I., 
    825 N.E.2d 798
    (Ind. Ct. App.
    2005) (testimony of caseworkers, together with evidence that the conditions
    resulting in placement outside the home will not be remedied, was sufficient to
    prove by clear and convincing evidence that termination was in child’s best
    interests), trans. denied; see also In re S.P.H., 
    806 N.E.2d 874
    , 883 (Ind. Ct. App.
    2004) (children’s needs are too substantial to force them to wait while
    determining if their parents will be able to parent them).
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