S.H. v. Ind. Dep't of Child Servs. (In re Termination the Parent-Child Relationship S.H.)

121 N.E.3d 146 (Table)

In the MATTER OF the Termination of the Parent-Child Relationship of S.H., Mother, A.M., Father,

and M.M. and L.M., Children:

S.H., Appellant-Respondent,

v.Indiana Department of Child Services, Appellee-Petitioner.

Court of Appeals Case No. 18A-JT-1813

Court of Appeals of Indiana.

FILED January 29, 2019

Attorney for Appellant: Jeffery M. Haupt, Law Office of Jeffery Haupt, South Bend, Indiana

Attorneys for Appellee: Curtis T. Hill, Jr., Attorney General of Indiana, Robert J. Henke, Natalie F. Weiss, Deputy Attorneys General, Indianapolis, Indiana

MEMORANDUM DECISION

Kirsch, Judge.

[1] S.H. ("Mother") appeals the juvenile court's order terminating her parental rights to her minor children, M.M., born on September 24, 2002, and L.M., born on April 11, 2009 (together, "Children").² Mother raises two issues on appeal, which we restate as:

I. Whether the juvenile court abused its discretion when it denied her motion to continue the termination hearing; and

II. Whether the juvenile court's judgment terminating her parental rights to Children was clearly erroneous.

[2] We affirm.

Facts and Procedural History

[3] Mother has a history with the Indiana Department of Child Services ("DCS"). Mother's first child (who is not a subject of this appeal) was removed from Mother's care in 2006 because the child tested positive for cocaine at birth, and Mother, subsequently, signed a voluntary termination of her parental rights to this child. Tr. Vol. 2 at 97. In May 2008, Children were placed with their great-grandmother after Mother tested positive for methamphetamine and THC. Tr. Vol. 3 at 21. Children were adjudicated to be children in need of services ("CHINS") as a result. Tr. Vol. 5 at 2-10, 26-30. On July 15, 2009, Children were placed in relative foster care when Mother's substance abuse counselor believed Children were in danger because of Mother's recent relapse. Tr. Vol. 3 at 21. Wardship for both Children was released on May 13, 2010, and the CHINS proceedings were closed. Tr. Vol. 5 at 24-25, 43-44.

[4] In September 2016, DCS received a report that Mother had been arrested for possession of cocaine and narcotics and that Children were living with their eighty-year-old maternal great-grandmother ("Grandmother"), who had very limited mobility and was receiving dialysis three times a week. Tr. Vol. 3 at 17. The report also indicated that Children's father ("Father") was homeless and receiving supplemental security income for methamphetamine-induced psychosis. Id. DCS met with Mother, who reported that she had overdosed on heroin on June 20, 2016. Id. at 33. On October 13, 2016, DCS met with Grandmother and observed her home to be organized, but that Grandmother's mobility was limited. Id. at 34. Mother was released from incarceration on October 17, 2016, but DCS was unable to locate her. Id. On November 10, 2016, DCS again went to Grandmother's home and observed the home to be in "complete disarray" and found broken glass in one of the beds, along with food items and a lighter. Id. Grandmother told DCS that Mother was visiting Children in the evenings. Id. She also told DCS that M.M. frequently missed school and would often stay with friends in a different town. Id. A few days later, DCS again met with Grandmother, who disclosed that, during the last meeting, Mother had been hiding in a closet. Id.

[5] After doing an assessment, DCS filed a CHINS petition on November 17, 2016, alleging that Mother was unable to meet the needs of Children. Id. at 32-36. On November 18, Children were removed from Mother's care and placed with maternal grandfather ("Grandfather"). Id. at 39-40. On December 15, 2016, Mother admitted the allegations in the CHINS petition, which the juvenile court accepted, and Children were adjudicated to be CHINS. In its dispositional order, the juvenile court maintained Children's removal and placement outside of Mother's home. Id. at 68. The juvenile court ordered Mother to do the following:

(1) contact the family case manager ("FCM") every week to allow FCM to monitor compliance;

(2) allow FCM or other service providers to make announced or unannounced visits;

(3) keep all appointments with any service provider or DCS or provide advance notice with a good cause;

(4) sign any releases necessary for FCM to monitor compliance with the order;

(5) maintain suitable, safe, and stable housing with adequate bedding, functional utilities, adequate food;

(6) secure and maintain a legal and stable source of income;

(7) not use, consume, manufacture, trade, distribute or sell any illegal controlled substances, and only take prescription medications for which a valid prescription exists and only in the doses specified in the prescription, and not permit illegal controlled substances in the home or in the presence of Children;

(8) reimburse DCS expenses for services to benefit Children in the amount as established by court order;

(9) complete a parenting assessment and successfully complete all recommendations developed as a result of the assessment;

(10) complete a substance abuse assessment and follow all treatments and successfully complete all treatment recommendations developed as a result of the assessment;

(11) complete a psychological evaluation as referred and approved by DCS and successfully complete any recommendations that result from the evaluation;

(12) meet all personal medical and mental health needs in a timely and complete manner;

(13) meet all the medical and mental health needs of Children in a timely and complete manner; and

(14) attend all scheduled visitations with Children and comply with all visitation rules and procedures set forth.

Id. at 71.

[6] On October 30, 2017, DCS filed a petition to terminate Mother's parental rights to Children. On March 22, 2018, the juvenile court set an evidentiary hearing on the petition for June 1, 2018. On May 25, 2018, Mother filed a motion to continue the hearing, stating that she had been recently accepted into a residential program at the YWCA for substance abuse treatment. Appellant's App. Vol. 2 at 89. A hearing was held on the motion, where Mother's counsel requested that the juvenile court give Mother "a chance to work through that program. It may not change any outcome on this particular matter.... I do feel that the continuance would allow ... her to continue to work with me on a defense on this particular matter." Tr. Vol. 2 at 4. The juvenile court denied the motion to continue, reasoning that Mother was actually asking for more time to remedy the conditions resulting in removal or continued placement outside the home and that such an inquiry was "the proper subject of the [termination] hearing itself." Id. at 6.

[7] At the June 1, 2018 evidentiary hearing on the petition to terminate Mother's parental rights, the following evidence was presented. Mother had a significant and lengthy history of substance abuse beginning at the age of twelve when she started using cocaine. Tr. Vol. 2 at 98. She began using heroin at the age of seventeen and continued to use drugs thereafter. Id. at 98-100. By July 2016, Mother was using heroin almost daily. Id. at 100. Mother also had a criminal history that included a charge of operating a vehicle while intoxicated on June 21, 2016, convictions for unlawful possession of a narcotic drug and possession of a syringe in September 2016, and a conviction for visiting a common nuisance in April 2017. Id. at 51-52, 101-02. At the time of the hearing, Mother also had a pending charge of conversion for which she had been arrested in March 2018. Id. at 102.

[8] FCM David Mickelson ("FCM Mickelson") testified as to Mother's contact with him and stated that there "wasn't a lot [of communication]." Id. at 43-44. There were long periods of time where Mother would not communicate at all with him, even when he attempted to contact her every day. Id. at 44-45. When FCM Mickelson went to Mother's residence for visits, whether announced or unannounced, Mother would not always answer the door, and she did not keep DCS updated as to where she was staying. Id. at 45-46. Mother canceled several appointments with the court appointed special advocate ("CASA") and did not attend a scheduled meeting with FCM Mickelson's supervisor. Id. at 46. FCM Mickelson testified that Mother missed thirteen of her scheduled supervised visits with Children, and she gave advanced notice of her absence for only five of those missed visits. Id.

[9] FCM Mickelson testified that Mother never obtained suitable and safe housing as required under the dispositional order. Id. She never maintained her own housing and, instead, moved frequently, either living in the homes of Grandmother, her boyfriend, or her boyfriend's mother. Id. at 46-47. At the time of the termination hearing, Mother was living at the YWCA. Id. at 47. Likewise, during the pendency of this case, Mother never obtained a stable source of income as required. Id. at 20. Brandon Duke ("Duke"), who worked at Lifeline Youth Services, attempted to work with Mother on obtaining stable employment and homemaking services. Id. at 17, 19-20. Although Mother participated in the intake session, she told Duke that she was not looking for employment because it was too overwhelming, and she wanted to focus on getting Children back and having visitations with them. Id. at 20. Duke also attempted to work on budgeting with Mother, but she refused to participate. Id. Mother did not engage in any homemaking services after the initial intake session. Id.

[10] Evidence was also presented regarding Mother's substance abuse, which showed that Mother continued to use illegal drugs after the dispositional order was entered. In 2017, she was charged with operating a vehicle while intoxicated, possession of narcotics, visiting a common nuisance, and unlawful possession of a syringe. Id. at 49, 51, 101. Mother admitted that she had a problem with using methamphetamine and heroin. Id. at 56, 101. Throughout the proceedings, Mother...