In the Matter of the Involuntary Termination of the Parent-Child Relationship of: E.M. (Minor Child), and A.E. (Mother), and D.M. (Father) v. The Indiana Department of Child Services (mem. dec.) ( 2019 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), FILED
this Memorandum Decision shall not be Oct 08 2019, 9:14 am
regarded as precedent or cited before any CLERK
Indiana Supreme Court
court except for the purpose of establishing Court of Appeals
and Tax Court
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE:
A.E. (MOTHER) INDIANA DEPARTMENT OF
Justin R. Wall CHILD SERVICES
Huntington, Indiana Curtis T. Hill, Jr.
ATTORNEY FOR APPELLANT: Attorney General of Indiana
D.M. (FATHER) Frances Barrow
Deputy Attorney General
Yvonne M. Spillers
Indianapolis, Indiana
Fort Wayne, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Court of Appeals of Indiana | Memorandum Decision 19A-JT-937 | October 8, 2019 Page 1 of 22
In the Matter of the Involuntary October 8, 2019
Termination of the Parent-Child Court of Appeals Case No.
Relationship of: E.M. (Minor 19A-JT-937
Child), Appeal from the Wells Circuit
and Court
The Honorable Kenton W.
A.E. (Mother), and D.M. Kiracofe, Judge
(Father) Trial Court Cause No.
Appellants-Respondents, 90C01-1808-JT-32
v.
The Indiana Department of
Child Services,
Appellee-Petitioner.
Tavitas, Judge.
Case Summary
[1] In this consolidated appeal, A.E. (“Mother”) and D.M., II (“Father”) appeal
the termination of their parental rights to E.M. (the “Child”). We affirm.
Issue
[2] Mother and Father each raise one issue, which we restate as whether the
evidence is sufficient to support the termination of Mother’s and Father’s
parental rights to the Child.
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Facts
[3] The Child was born in August 2009 to Father and Mother. The Child has an
older half-sibling, M.E., who was born to Mother in December 2000. M.E.,
who “aged out” prior to the conclusion of these termination of parental rights
proceedings is not a subject of this appeal. Mother’s Br. p. 7 n.1.
[4] The Wells County Department of Child Services (“DCS”) became involved
with Mother and the children in November 2014 as a result of domestic
violence between Mother and Father and concerns about Mother’s and Father’s
substance abuse. Mother and Father abused methamphetamine in 2012 and
2013. A child in need of services (“CHINS”) case was initiated and was
ultimately closed in December 2015. The children were reunified with Mother
at that time. Father pleaded guilty to battery resulting in bodily injury, a Level
6 felony, and he was sentenced to 547 days with 182 days in the Department of
Correction and the remainder suspended to home detention.
[5] On September 21, 2016, DCS attempted to interview M.E. regarding a report
that Mother was allowing the children to have interactions with a registered sex
offender. Mother, however, refused to allow the interview. On September 27,
2016, Mother was arrested for domestic battery, a Class A misdemeanor;
criminal trespass, a Class A misdemeanor; and residential entry, a Level 6
felony. DCS then removed the children from Mother’s care. At that time,
Father was incarcerated for a probation violation after he was charged with
residential entry, a Level 6 felony.
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[6] DCS filed a petition alleging that the Child was a CHINS. DCS alleged:
f. On September 23, 2016 allegations were made that
[Mother] was not making good decisions and allowing
[M.E.] and [the Child] to be around random men.
g. [Mother] meets with men, sometimes at her own residence
with [M.E.] present in the residence, she gets pills and
money for meeting with men, she uses the money to pay
bills, and she uses drugs.
h. [Mother] used to be romantically involved with Jeremy
Williams.
i. Jeremy Williams has been convicted of a sex offense.
j. Jeremy Williams has spent time around both [M.E.] and
[the Child].
k. [M.E.] rode with [Mother] to meet a man to get Aderol
[sic] pills from him.
l. [M.E.] reported that [Mother] asked her to find someone
to get [Mother’s] Adderall from [sic].
m. [M.E.] reported that she went to Fort Wayne with her
mother on one occasion to meet a man.
n. [M.E.] reported that her mother didn’t want to go alone.
o. [M.E.] stated that her mother made her sit next to the man
and he rubbed her arm and was stocking [sic] her leg.
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p. [M.E.] reported that her mother is verbally abusive and
physically abusive by calling her names, yelling at her and
shoving her.
q. [The Child] reported that her mother yells at her and says
bad words.
r. [Mother] was uncooperative with the Indiana Department
of Child Services trying to interview [M.E.].
s. [Mother] was arrested on charges of domestic battery for
battering her own sister in from [sic] of her sister’s
daughter. She was arrested and subsequently released on
her own recognizance.
t. [M.E.] stated that she was able to get $3700.00 from her
mother’s boyfriends to go towards [Mother’s] bond.
u. [M.E.] stated that “these men” that [Mother] has contact
with is [sic] for the purpose of getting their bills paid.
Appellants’ App. Vol. II pp. 79-80.
[7] On January 10, 2017, Mother pleaded guilty to domestic battery, a Class A
misdemeanor, and residential entry, a Level 6 felony. Mother was sentenced to
730 days suspended to probation. Mother testified that she also has been
charged with driving while suspended at least three times. It appears that
Mother’s probation was revoked in July 2017 due to drug and alcohol usage,
and she was required to serve fifty-eight days executed and 248 days on home
detention. On February 3, 2017, Father pleaded guilty to residential entry, a
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Level 6 felony, and he was sentenced to 730 days with 290 days executed in the
DOC and the remainder suspended to probation.
[8] On March 2, 2017, after an evidentiary hearing, the trial court found that the
Child was a CHINS. The trial court issued a dispositional order that required
Mother and Father in part to: (1) maintain contact with DCS; (2) engage in a
home-based counseling program; (3) complete a substance abuse assessment
and follow all recommendations; (4) submit to random drug/alcohol screens;
(5) refrain from committing acts of domestic violence and other illegal
activities; and (6) attend all scheduled visitations with the Child.
[9] At the beginning of the CHINS proceedings, both Mother and Father
maintained contact with DCS; however, contact between DCS and both
Mother and Father decreased thereafter. Mother moved residences repeatedly,
but Father has lived with his uncle throughout the proceedings.
[10] In February 2017, Mother was making progress toward a trial unsupervised
home visit with the Child. Mother, however, tested positive for marijuana, and
Mother’s visits with the Child returned to fully supervised visits. In November
2017, Mother was again progressing toward a trial unsupervised home visit
with the Child. Mother, however, got behind on her bills and lost her housing.
Visitations again returned to fully supervised visits.
[11] In late May 2018, a trial unsupervised home visit between the Child and Father
was attempted. Father, however, was arrested for public intoxication in mid-
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June 2018 during the trial home visit, and the trial home visit was terminated.
Father spent two months in jail and was then placed on home detention.
[12] Between March 23, 2017, and December 27, 2018, DCS performed forty-three
drug tests on Father, which were negative; however, Father missed twelve drug
tests. Father claimed to have been working during the missed tests, but he
failed to provide verification to DCS. Father completed a substance abuse
assessment in September 2018, and individual therapy was recommended. The
therapist wanted to work with Father on his “minimization” of the
consequences of his drug and alcohol usage. Tr. Vol. II p. 136. Father
attended one therapy session and canceled the second appointment. Father
never returned to participate in the individual therapy. Father tested positive
for methamphetamine in December 2018, but Father denies the validity of
those results. Given the positive drug screen for methamphetamine, the
therapist testified that she would now recommend “either a relapse prevention
group setting or a modified intensive outpatient setting.” Id. at 137.
[13] Between September 2016 and December 2018, Mother tested positive for
marijuana, alcohol, and methamphetamine, and she tested positive for
amphetamine sixty-eight times. Mother missed twenty-four drug screens.
Mother last completed a drug screen on January 10, 2019. Mother completed
two substance abuse assessments. The first assessment recommended group
therapy, which Mother completed. Mother, however, relapsed. A second
assessment also recommended group therapy, but Mother failed to complete the
therapy.
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[14] On August 9, 2018, DCS filed a petition to terminate Mother’s and Father’s
parental rights to the Child. A hearing was held on January 31, 2019, and
February 1, 2019. During the CHINS and termination of parental rights
proceedings, the Child was placed in the same kinship placement as in the prior
CHINS proceeding.
[15] At the time of the hearing on the petition to terminate Mother’s and Father’s
parental rights, Father was still living with his uncle and was employed. Father
did not have a driver’s license; however, Father’s uncle drove Father to places
as needed. At the time of the termination of parental rights hearing, Father had
a pending allegation that he violated his home detention by testing positive for
methamphetamine.
[16] Mother was living with her mother and was unemployed at the time of the
termination of parental rights hearing. Mother claimed to have completed
some training and to have a job opportunity as a part-time funeral director
assistant. Mother testified that she had been “clean” for “over six months”
other than occasional marijuana usage. Id. at 87. Mother testified that she also
took medication for ADD and depression.
[17] On March 26, 2019, the trial court entered findings of fact and conclusions of
law terminating Mother’s and Father’s parental rights to the Child. Mother and
Father now appeal.
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Analysis
[18] Mother and Father challenge the termination of their parental relationship with
the Child. The Fourteenth Amendment to the United States Constitution
protects the traditional rights of parents to establish a home and raise their
children. In re K.T.K. v. Indiana Dept. of Child Services, Dearborn County Office, 989
N.E.2d 1225, 1230 (Ind. 2013). “[A] parent’s interest in the upbringing of [his
or her] child is ‘perhaps the oldest of the fundamental liberty interests
recognized by th[e] [c]ourt[s].’” Id. (quoting Troxel v. Granville, 530 U.S. 57, 65,
120 S. Ct. 2054 (2000)). We recognize that parental interests are not absolute
and must be subordinated to the child’s best interests when determining the
proper disposition of a petition to terminate parental rights. Id. Thus,
“‘[p]arental rights may be terminated when the parents are unable or unwilling
to meet their parental responsibilities by failing to provide for the child’s
immediate and long-term needs.’” K.T.K., 989 N.E.2d at 1230 (quoting In re
D.D., 804 N.E.2d 258, 265 (Ind. Ct. App. 2004), trans. denied).
[19] When reviewing the termination of parental rights, we do not reweigh the
evidence or judge witness credibility. In re C.G., 954 N.E.2d 910, 923 (Ind.
2011). We consider only the evidence and reasonable inferences that are most
favorable to the judgment. Id. We must also give “due regard” to the trial
court’s unique opportunity to judge the credibility of the witnesses. Id.
(quoting Ind. Trial Rule 52(A)).
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[20] Pursuant to Indiana Code Section 31-35-2-8(c), “[t]he trial court shall enter
findings of fact that support the entry of the conclusions required by subsections
(a) and (b)” when granting a petition to terminate parental rights. 1 Here, the
trial court did enter findings of fact and conclusions of law in granting DCS’s
petition to terminate Mother’s and Father’s parental rights. When reviewing
findings of fact and conclusions of law entered in a case involving the
termination of parental rights, we apply a two-tiered standard of review. First,
we determine whether the evidence supports the findings, and second, we
determine whether the findings support the judgment. Id. We will set aside the
trial court’s judgment only if it is clearly erroneous. Id. A judgment is clearly
erroneous if the findings do not support the trial court’s conclusions or the
conclusions do not support the judgment. Id.
[21] Indiana Code Section 31-35-2-8(a) provides that “if the court finds that the
allegations in a petition described in [Indiana Code Section 31-35-2-4] are true,
the court shall terminate the parent-child relationship.” Indiana Code Section
1
Indiana Code Sections 31-35-2-8(a) and (b), governing termination of a parent-child relationship involving a
delinquent child or CHINS, provide as follows:
(a) Except as provided in section 4.5(d) of this chapter, if the court finds that the
allegations in a petition described in section 4 of this chapter are true, the court shall
terminate the parent-child relationship.
(b) If the court does not find that the allegations in the petition are true, the court shall
dismiss the petition.
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31-35-2-4(b)(2) provides that a petition to terminate a parent-child relationship
involving a child in need of services must allege, in part:
(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) The 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 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.
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(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 establish these allegations by clear and convincing evidence. In re
V.A., 51 N.E.3d 1140, 1144 (Ind. 2016).
A. Father’s Challenge to Findings
[22] Father challenges the following findings:
16. Mother and Father have a history of substance abuse.
17. Beginning in March 2017, DCS began drug screening Father.
Father failed to call in and/or take a drug screen on twelve (12)
occasions when requested. He was tested forty-three (43) times,
and tested positive for methamphetamine on December 3, 2018.
*****
29. Father completed a substance abuse assessment. The
assessment recommended Father complete individual therapy.
Father minimized the consequence of substance abuse. Father
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only met with the alcohol and drug therapist at Park Center one
(1) time after the completion of the assessment.
Appellants’ App. Vol. II pp. 32-33.
[23] Father argues that he passed multiple drug screens during the proceedings and
denies the use of methamphetamine. Mother, however, testified that she and
Father abused methamphetamine in 2012 and 2013 and that Father was
“cooking it at that time.” Tr. Vol. II pp. 76, 78. Father admitted to having
drug usage issues prior to the first CHINS proceeding.
[24] Father tested positive for methamphetamine on December 3, 2018. On that
day, Father contacted the family case manager to tell her “he was unable to
make it to the office” because he was sick. Id. at 122. The family case manager
knew that Father failed to call for drug testing the prior week and knew that
Father was scheduled for a drug test. When the family case manager told
Father that she would come to his house, Father told her “he might be
sleeping” and his uncle could wake him. Id. The family case manager then
went to Father’s house to collect the drug test, and Father tested positive.
[25] Father completed a substance abuse assessment in September 2018, which
recommended individual therapy. The therapist wanted to work with Father
on his “minimization” of the consequences of his drug and alcohol usage. Id. at
136. Father attended one therapy session and canceled the second
appointment. Father never returned to participate in the individual therapy.
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[26] The evidence presented by DCS supports the trial court’s findings regarding
Father’s drug usage. The trial court’s findings on this issue are not clearly
erroneous.2
B. Remedy of Conditions Resulting in Removal
[27] Mother and Father challenge the trial court’s conclusion that 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.” 3 I.C. § 31-35-2-4(b)(2). “In determining whether ‘the conditions
that resulted in the [Child’s] removal . . . will not be remedied,’ we ‘engage in a
two-step analysis.’” In re E.M., 4 N.E.3d 636, 642-43 (Ind. 2014) (quoting
K.T.K., 989 N.E.2d at 1231). “First, we identify the conditions that led to
removal; and second, we ‘determine whether there is a reasonable probability
that those conditions will not be remedied.’” Id. In analyzing this second step,
the trial court judges the parent’s fitness “as of the time of the termination
2
Father also challenges the trial court’s findings regarding the testimony of the guardian ad litem (“GAL”).
We will address Father’s argument in the context of analyzing the Child’s best interest.
3
Mother and Father also argue that there was no reasonable probability that the continuation of the parent-
child relationship posed a threat to the well-being of the Child. Indiana Code Section 31-35-2-4(b)(2)(B) is
written in the disjunctive. Consequently, the DCS was required to demonstrate by clear and convincing
evidence of a reasonable probability that either: (1) the conditions that resulted in the Child’s removal or the
reasons for placement outside the home of the parents will not be remedied, or (2) the continuation of the
parent-child relationship poses a threat to the well-being of the Child. See, e.g., Bester v. Lake County Office of
Family & Children, 839 N.E.2d 143, 148 n.5 (Ind. 2005). The trial court here found a reasonable probability
that the conditions that resulted in the Child’s removal or reasons for placement outside the home of the
parents will not be remedied, and there is sufficient evidence to support that conclusion. Accordingly, we do
not address whether the continuation of the parent-child relationship poses a threat to the well-being of the
Child.
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proceeding, taking into consideration evidence of changed conditions.” Id.
(quoting Bester, 839 N.E.2d at 152). “We entrust that delicate balance to the
trial court, which has discretion to weigh a parent’s prior history more heavily
than efforts made only shortly before termination.” Id. “Requiring trial courts
to give due regard to changed conditions does not preclude them from finding
that parents’ past behavior is the best predictor of their future behavior.” Id.
[28] The trial court concluded, here, that there is a reasonable probability that the
conditions that resulted in the Child’s removal or the reason for continued
placement outside the home of the parents will not be remedied. In support of
this conclusion, the trial court made extensive findings of fact. The trial court
found:
12. Father has an extensive criminal history as evidenced
by State’s Exhibits 26-38 and 47-51, which includes
convictions for battery, invasion of privacy,
residential entry, as well as violations of community
supervision.
13. Mother also has an extensive criminal history as
evidenced by State’s Exhibits 39-46.
14. During the pendency of the CHINS matter, Mother
was convicted of domestic battery and residential
entry. She was sentenced to two hundred seventy-
five (275) days of home detention.
15. At the time of the child’s removal from the home,
Father was incarcerated.
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16. Mother and Father have a history of substance abuse.
17. Beginning in March 2017, DCS began drug screening
Father. Father failed to call in and/or take a drug
screen on twelve (12) occasions when requested. He
was tested forty-three (43) times, and tested positive
for methamphetamine on December 3, 2018.
18. During the underlying CHINS case, Mother has
missed twenty-four (24) drug screens and tested
positive for THC and methamphetamine, which were
not prescribed to her, and alcohol.
19. Mother’s use of substances caused her to violate the
terms and conditions of her home detention and
probation. Consequently, Mother was ordered to
serve twenty (20) days in jail.
20. [The Child] was returned to Father’s care under a
trial home visit in May 2018.
21. During the trial home visit, Father was arrested for
public intoxication. At the time of his arrest, [the
Child] was in the care of Father’s aunt. Father was
incarcerated for six (6) days and placed on probation.
22. At the time of the fact-finding hearing, a petition
seeking revocation of Father’s suspended sentence
and probation had been filed and was pending.
23. Throughout the pendency of the CHINS matter,
Father has resided with his uncle.
24. Father has also maintained employment.
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25. Father does not have a valid driver’s license.
26. Mother has not been able to maintain stable housing
and currently resides with her mother more than an
hour away from Wells County, Indiana.
27. Mother has a valid driver’s license, but does not have
a source of transportation. Due to the lack of
transportation, Mother frequently missed visitations
with the child.
28. Mother has frequently missed drug screens and as of
the date of the fact-finding hearing, DCS could not
verify her claims of sobriety.
29. Father completed a substance abuse assessment. The
assessment recommended Father complete individual
therapy. Father minimized the consequence[s] of
substance abuse. Father only met with the alcohol
and drug therapist at Park Center one (1) time after
the completion of the assessment.
Appellants’ App. Vol. II pp. 32-33.
[29] The Child was initially removed because Father was incarcerated, Mother
allowed the Child to be around a registered sex offender, and Mother abused
drugs. Father and Mother argue that they remedied the conditions that caused
removal. Father argues that, although he was incarcerated at the time of the
Child’s removal, he is no longer incarcerated and that he is maintaining
employment. Mother’s main argument seems to be that she has not been
provided with enough time to demonstrate her ability to parent the Child.
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Mother contends that she has demonstrated “remarkable change.” Mother’s
Br. p. 21. According to Mother, she has taken classes, has employment
arranged, has been “clean” for six months except occasional marijuana usage,
and has been actively engaged in therapy and case management services. Id. at
22. Mother argues that she should have been given the opportunity to start her
new employment and continue with her services.
[30] The family case manager testified that Mother has not remedied the conditions
resulting in the Child’s removal. Mother does not have housing or employment
and continues to be dependent on various men. Father has housing and
employment; however, “he has had a history of being in and out of jail.” Tr.
Vol. II p. 113. The family case manager repeatedly talked to Father about his
“poor judgment and poor choices.” Id. at 115. Neither Mother nor Father has
benefitted from substance abuse services offered, and they continue to test
positive for illegal substances.
[31] Although Mother has plans for the future that are admirable, the fact remains
that the Child has been removed from Mother’s care for more than two years
with minimal improvement in Mother’s situation. Mother and Father continue
to make poor choices, and the Child should not be required to be put “on a
shelf” to wait any longer. See Matter of Campbell, 534 N.E.2d 273, 275 (Ind. Ct.
App. 1989) (“We are unwilling to put [the child] on a shelf until her parents are
capable of caring for her appropriately. Two years without improvement is
long enough.”). Accordingly, the trial court’s conclusion is not clearly
erroneous.
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B. Child’s Best Interests
[32] Both Mother and Father argue that it was not in the Child’s best interests to
terminate their parental rights. In determining what is in the best interests of a
child, the trial court is required to look at the totality of the evidence. Z.B. v.
Indiana Dep’t of Child Servs., 108 N.E.3d 895, 903 (Ind. Ct. App. 2018), trans.
denied. In doing so, the trial court must subordinate the interests of the parents
to those of the child involved. Id. Termination of a parent-child relationship is
proper where the child’s emotional and physical development is threatened.
K.T.K., 989 N.E.2d at 1235. A trial court need not wait until a child is
irreversibly harmed such that his or her physical, mental, and social
development is permanently impaired before terminating the parent-child
relationship. Id. Additionally, a child’s need for permanency is a “central
consideration” in determining the best interests of a child. Id.
[33] Mother argues that she has “the ability, and plan, to provide adequate housing,
stability and care for the Child” and that it is in the Child’s best interest that
Mother be allowed “the chance to complete services, maintain housing, start
her employment and be reunified with the Child.” Mother’s Br. p. 25.
[34] Father argues that he and the Child love each other and get along well, that he
has stable housing and employment, and that he can provide a safe
environment for the Child. Father also contends that the GAL “did not
perform a reasonable investigation” because the GAL was merely “an echo-
chamber for the DCS.” Father’s Br. p. 16. According to Father, the GAL had
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never met the Child and “did nothing more than talk with the DCS case
manager and read the DCS reports.” Id.
[35] The GAL testified that she was also involved with the prior CHINS proceeding
and that, although she was only around the Child once during this termination
of parental rights proceeding, she spent “significant time” with M.E. Tr. Vol. II
p. 153. The GAL testified that she gathers information “from lots of different
sources.” Id. at 151. The GAL had many concerns with Mother and Father—
mainly that they have shown little improvement over the course of two CHINS
proceedings. The GAL testified that her concern is that Mother and Father
“really haven’t been able to address the things that continue to get into their
way to provide any kind of stable home for this child.” Id. at 155. The record
does not support Father’s assertion that the GAL was merely an “echo-chamber
for the DCS.” Father’s Br. p. 16. The GAL demonstrated that she was familiar
with the family due to her involvement with the current and prior CHINS
proceedings; she spent significant time with the Child’s sister, M.E.; and she
was well aware of the issues Mother and Father continued to present. The trial
court did not err by relying on the GAL’s testimony.
[36] The Child has been in one kinship placement for over two years, and she was in
the same placement during the prior CHINS proceedings. She is “very
familiar” with the placement, and “she has never had any concerns in that
home.” Id. at 113-114. The Child loves the family, “knows what to expect in
their home,” knows that “things are not gonna [sic] change,” and “feels
extremely comfortable and is able to talk to them about anything.” Id. at 114.
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The family case manager “see[s] a whole different side of [the Child] when [she
sees] her with them than with anybody else.” Id. Both the GAL and the family
case manager testified that termination of Mother’s and Father’s parental rights
was in the Child’s best interest. Given the circumstances here, we cannot say
the trial court’s conclusion that termination of parental rights was in the Child’s
best interest is clearly erroneous.
C. Adequate Plan
[37] Finally, Mother challenges the trial court’s finding that there is a satisfactory
plan for the care and treatment of the Child. Indiana courts have held that for a
plan to be “‘satisfactory’” for the purposes of the termination statute, it “‘need
not be 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.’” In re A.S.,
17 N.E.3d 994, 1007 (Ind. Ct. App. 2014) (quoting Lang v. Starke Cnty. Office of
Family and Children, 861 N.E.2d 366, 375 (Ind. Ct. App. 2007), trans. denied),
trans. denied.
[38] DCS is only required to offer a general sense of the plan for the Child after
termination of Mother’s and Father’s parental rights. DCS’s plan is for the
Child to be adopted by her current kinship placement, and adoption is a
satisfactory plan. See, e.g., Lang, 861 N.E.2d at 375 (holding that adoption and
independent living are satisfactory plans). The trial court’s finding that DCS
had a satisfactory plan is not clearly erroneous.
Court of Appeals of Indiana | Memorandum Decision 19A-JT-937 | October 8, 2019 Page 21 of 22
Conclusion
[39] The trial court’s termination of Mother’s and Father’s parental rights is not
clearly erroneous. We affirm.
[40] Affirmed.
Brown, J., and Altice, J., concur.
Court of Appeals of Indiana | Memorandum Decision 19A-JT-937 | October 8, 2019 Page 22 of 22