This Case Law Update Provided by: The Children’s Law Center of Indiana
Termination of Parental Rights
2/20/02 In Re E.S., 762 N.E.2d 1287 (Ind. Ct. App. 2002) In In Re E.S., 762 N.E.2d 1287 (Ind. Ct. App. 2002), the Court reversed the trial court’s judgment terminating the parental rights of the mother and her eight year old daughter. The Court found there was insufficient evidence to support the finding that (1) conditions which led to the removal of the child would not be remedied, and that (2) maintaining the parent- child relationship posed a threat to the child’s well being. The child was removed from the mother’s care due to recurrent head lice, poor school performance, and poor personal hygiene and appearance. Mildly mentally handicapped and socially delayed, she was placed in therapeutic foster care. The child became increasingly aggressive and was hospitalized for psychiatric treatment. Upon release, she was placed in a different foster home and began seeing a new therapist. After another inpatient hospital treatment, she was released and put on Risperdal, an anti-psychotic medication. The foster mother noted a complete change for the better in the child’s behavior after she began taking the Risperdal. The mother admitted to the allegations in the CHINS petition. The trial court terminated mother’s visitation rights due to the child’s deteriorating behavior following previous visits. Additionally, it ordered that services be suspended until visitation was resumed. While DFC did not require the mother to participate in services nor offer her any services, mother continued in counseling and sought parenting classes on her own. The child’s therapist did not make a recommendation that visitation resume. The trial court determined that if visitation was not recommended to resume within six months, then the court would authorize the DFC to file a petition terminating mother’s parental rights. After six months, there was still no recommendation that visitation be resumed, and DFC filed the termination petition. The trial court granted the petition after a fact-finding hearing. The mother appealed. The evidence was insufficient to support the finding that conditions which resulted in the child’s removal or continued placement outside of the mother’s care would not be remedied; DFC failed to monitor mother’s progress. While DFC did not mandate or offer services to mother, she actively sought assistance on her own. She attended counseling and excelled in parenting classes, according to her instructor. The DFC did not monitor her progress in any of these programs. According to the Court, the trial court’s decision to terminate mother’s parental rights was not based on mother’s inadequacies, but on the extraordinary needs of the child. In Re E.S. at 1291. There was no clear and convincing evidence that the conditions which resulted in the child’s removal and continued placement outside the home would not be remedied. The evidence was insufficient to support the finding that the continuation of the parent- child relationship posed a threat to the well being of the child; absent visitation from the mother, child’s improvement in behavior could be ascribed to a number of different
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This Case Law Update Provided by: The Children’s Law Center of Indiana factors. The Court noted that under I.C. 31-35-2-4(b)(2), the trial court’s termination order could be upheld if there was sufficient evidence to prove that continuation of the parent-child relationship posed a threat to the well-being of the child, even if there was insufficient evidence to prove that the conditions which led to the child’s removal would not be remedied. Id. However, the Court agreed with the mother that the trial court’s conclusion that continuation of the parent-child relationship posed a threat to the well being of the child was premature. While the child’s behavior improved after the mother’s visitation rights were terminated, the child, during this period, had also changed foster homes, changed therapists and therapy methods, and had begun a prescription of psychotropic drugs. Her improved behavior could have been the result of any of these factors. Because visitation was never reintroduced, there was insufficient evidence to prove that maintaining the parent-child relationship posed a threat to the well being of the child. Id. The Court noted the CASA’s statement to the same effect: Without at least one visitation, how will anyone ever know if reunification is possible? Id. Because of the changes that occurred in the child’s treatment at around the same time visitation was terminated and the fact that visitation was never reintroduced, the Court found insufficient evidence to conclude that maintaining the parent- child relationship posed a threat to the child. Id. at 1292.
Copyright 2003 CLCI All Rights Reserved
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Bundì e buin Carnevâl a duç oms, feminas e frus. Un an a l’è già pasât e come che i vi vevi prometût i soi tornât. Cun dut il cûr i vi àuguri un bon doimilesièt, ma cul gnûf governo no sin partis cul pit drèt. In veretât i stenti a crodi che a capo dal governo al seti inchiamò Romano Prodi. A lu àn sopranomenât mortadèla, ma mi par che al samei plui a una sanganèla: al meri
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