B.R. v. Ind. Dep't of Child Servs. (In re H.R.)
| Decision Date | 16 May 2022 |
| Docket Number | 21A-JT-2768 |
| Parties | In re the Termination of the Parent-Child Relationship of: H.R. (Minor Child) v. Indiana Department of Child Services, Appellee-Petitioner. And B.R. (Mother), Appellant-Respondent, |
| Court | Indiana Appellate Court |
Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata collateral estoppel, or the law of the case.
Appeal from the Daviess Circuit Court Trial Court Cause No 14C01-2103-JT-41, The Honorable Gregory A. Smith, Judge
Attorney for Appellant Jonathan T. Feaval, Feavel & Porter, LLP
Attorneys for Appellee Theodore E. Rokita, Attorney General of Indiana, Natalie F. Weiss, Deputy Attorney General
[¶1] B.R. appeals the Daviess Circuit Court's order terminating her parental rights to her child, H.R. Mother raises two issues: 1) whether DCS proved by clear and convincing evidence that the reasons for H.R.'s removal and continued placement outside Mother's care will not be remedied; and, 2) whether DCS provided reasonable services to Mother for the purpose of reunifying her with H.R.
[¶2] We affirm.
[¶3] H.R. was born on June 4, 2018.[1] In February 2020 twenty-month-old H.R. was removed from Mother's care after law enforcement officers received a report that Mother and H.R. were outside for over twenty minutes in subfreezing temperatures at approximately 12:45 a.m. Mother was only wearing her underwear and child was only wearing a diaper. The responding police officer smelled alcohol on Mother's breath and noted that she was slurring her words. Mother was hostile toward the officers and pushed an officer. Mother was arrested and H.R. was transported to a hospital where he was treated for hypothermia.
[¶4] Mother was charged with neglect of a dependent, battery on a public safety officer, and battery. Mother was incarcerated on those charges until March 31.
The charges were still pending when the fact-finding hearings were held in this case.
[¶5] The Department of Child Services ("DCS") filed a petition alleging that H.R. was a Child In Need of Services on February 18. DCS alleged that Mother had untreated mental health issues and H.R. suffered from abuse and neglect. The petition also noted Mother's prior history with DCS.[2] The trial court adjudicated H.R. a CHINS on June 30 due to Mother's ongoing mental health issues and her inability to recognize the risk her mental health posed to H.R. In its July 14 dispositional order, the court ordered Mother to participate in numerous services including a parenting assessment, substance abuse assessment, a psychological evaluation, and visitation with H.R. The court ordered Mother to follow the recommendations from the assessments. H.R. was placed in foster care.
[¶6] In June 2020, just before H.R. was adjudicated a CHINS, Mother was found wandering back and forth across a highway. She smelled like alcohol, focused on matters unrelated to the officer's inquiries, and spoke to people who were not present. Mother also stomped on the officer's foot multiple times, struck his arm, and threatened him. Mother was arrested. Mother was charged with battery, resisting law enforcement, and public intoxication. Those charges were still pending on the date of the fact-finding hearings in this case.
[¶7] Throughout the CHINS and termination proceedings, Mother's communication with DCS was sporadic and her whereabouts were often unknown. Mother lacked a stable home and income. Mother consistently refused to participate in DCS provided services such as home-based casework and parent aide services. Mother admitted to periods of homelessness.
[¶8] Mother did not consistently visit with H.R. While Mother had positive interactions with H.R. during the visitations she attended, she also engaged in inappropriate conversation in front of H.R. The visit supervisor tried to redirect Mother toward appropriate interaction during visits but was not always successful. During one visit, Mother responded to the supervisor's efforts by lunging at her. The visit supervisor was concerned for her and H.R.'s safety and called 911 for assistance to end the visit. During another visitation, Mother hit her head on playground equipment, became upset, and swore at and physically threatened the visit supervisor.
[¶9] Mother refused to participate in therapy until the therapy sessions were scheduled to coincide with Mother's visits with H.R. Mother was guarded with her therapist and would not disclose requested information.
[¶10] Due to Mother's volatile behavior and lack of cooperation, DCS service providers were no longer willing to work with Mother. Mother's family case manager struggled to find new providers to supervise visitation and assist Mother with services. As a result of Mother's behavior, visitation was suspended in September 2020 after the trial court found that DCS was unable to ensure the safety of H.R., service providers, and DCS employees during visits. Mother has not seen H.R. since August 25, 2020.
[¶11] Mother also failed to complete a psychological evaluation in a timely manner. In November 2020, Mother was held in contempt of Court for failing to participate in court-ordered services, including the psychological evaluation. Thereafter, Mother completed the evaluation through Samaritan Center but failed to follow through with the recommended treatment plan. Samaritan Center closed Mother's chart due to non-compliance.
[¶12] On March 1, 2021, DCS filed a petition to terminate Mother's parental rights to H.R. That same month, law enforcement received a report that Mother was making suicidal statements. After locating Mother at a church, officers transported her to LaSalle Behavioral Health, where she was involuntarily committed, Mother was combative and argumentative. She had to be restrained during transport to the facility. Mother was contained to a security room for the first few days of her commitment because she threatened staff and was not cooperative at intake. She also tested positive for methamphetamine, amphetamine and cannabinoids when she was admitted to LaSalle.
[¶13] Mother experienced delusions and paranoia during her involuntary commitment. Mother initially refused to take medication. Due to concerns of her ongoing psychosis and refusal to take medication, Mother's treatment team determined that a 90-day involuntary commitment was necessary. Mother was prescribed a long-acting injectable medication, and her symptoms did improve, but her progress was unusually slow. Mother continued to have psychotic symptoms until the last few days of her commitment. Mother was diagnosed with Bipolar Disorder with Psychotic Features and Substance Abuse Disorder. Mother refuses to accept her diagnoses.
[¶14] After a month of treatment at LaSalle, Mother was transferred to a group home while still under the involuntary commitment. She continued to receive mental health treatment and medication. She tested positive for THC while she was residing in the group home. She also refused to speak with her therapist about her mental health and stated that it was not important. Tr. Vol. 2, p. 86. Mother continued to deny that she has a substance abuse issue. Id. After Mother was released from the group home, her commitment was extended due to concerns that Mother would not take medications or attend appointments. She continues to see a psychiatrist on a monthly basis and he administers her monthly injection of Invega. Mother also has a prescription for Lithium but her psychiatrist is unable to monitor Mother's Lithium levels because she refuses to have her blood drawn. Mother has stated that she does not need medication and is only taking medication because she is under a commitment.
[¶15] The trial court held fact-finding hearings on June 21 and July 20. Mother refused to provide her address to DCS prior to the hearing. During her direct examination, Mother disclosed her current address where she lives with a roommate. She also stated that her roommate's children have been removed from her roommate's care and her roommate has open DCS involvement.
[¶16] Mother testified that she does not have Bipolar Disorder. Tr. Vol. 3 p. 4. But she admitted that she is using the diagnosis to attempt to qualify for disability income. Id. Mother also refused to answer questions about whether she will continue to take medication, but eventually, Mother testified that she would. Id. at 6-7. The trial court did not credit that testimony. Appellant's App. p. 23. Despite admitting to substance abuse beginning when she was a teenager, Mother would not acknowledge that she has a substance abuse problem. She also refused to submit to random drug screens throughout these proceedings. Mother did not recognize her need to continue with mental health treatment.
[¶17] H.R.'s Court Appointed Special Advocate and family case manager testified that termination of Mother's parental rights is in H.R.'s best interests. Tr. Vol. 3 pp. 28, 57. DCS's plan for H.R. is adoption by his foster parents, with whom he has been placed for approximately seventeen months. H.R. is thriving in that placement.
[¶18] On September 19, 2021, the trial court issued its order terminating Mother's parental rights to H.R. The trial court found that Mother had not remedied the reasons for H.R.'s initial removal or continued removal "as evidenced by her recent use of illegal substances, her continued denial of having a mental illness, her lack of housing and employment stability, and her unwillingness to participate in services recommended to facilitate reunification."
Appellant's App. p. 25. In addition, the...
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