In re AI

• Decision Date: 24 February 2005
• Docket Number: No. 82A01-0404-JV-184.,82A01-0404-JV-184.
• Citation: 825 N.E.2d 798
• Parties: In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.I., Jennifer Inkenhaus, Mother and Alan Inkenhaus, Father, Appellants-Respondents, v. Vanderburgh County Office of Family and Children, Appellee-Petitioner.
• Court: Indiana Appellate Court

825 N.E.2d 798

In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.I.,

Jennifer Inkenhaus, Mother and Alan Inkenhaus, Father, Appellants-Respondents, v. Vanderburgh County Office of Family and Children, Appellee-Petitioner.

No. 82A01-0404-JV-184.

Court of Appeals of Indiana.

February 24, 2005.

Publication Ordered March 31, 2005.

Transfer Denied June 1, 2005.

Matthew Jon McGovern, Evansville, IN, Attorney for Appellant, Jennifer Inkenhaus.

Jeffery L. Lantz, Evansville, IN, Attorney for Appellant, Alan Inkenhaus.

Katharine Vanost Jones, Evansville, IN, Attorney for Appellee.

OPINION

BARNES, Judge.

Case Summary

Jennifer and Alan Inkenhaus separately appeal the termination of their parental rights as to their daughter, A.I. We affirm.

Issues

The parties raise numerous issues in their briefs, which we consolidate and restate as:

I. whether several of the trial court's findings are clearly erroneous; and

II. whether the parties were denied procedural and substantive due process rights as guaranteed by the Fourteenth Amendment.

Facts

On April 3, 2002, the Vanderburgh County Office of Family and Children ("OFC") received a referral alleging A.I. was in danger of being molested by Alan based on a claim by another one of his daughters who did not live with the parties. The case was assigned to Susan Wilke in the OFC, who identified the problems in the household as substance abuse, domestic violence, and basic parenting and safety issues. Wilke put into place a plan pursuant to which Alan was to leave the home and A.I. would remain with Jennifer pending an investigation.

On April 16, 2002, Wilke went to the home. Alan was present, and Jennifer had a large bruise on her head. Wilke referred her to the local battered women's shelter and to a domestic abuse program, but Jennifer did not follow through on the advice.

Thereafter, Wilke requested detention for A.I. The trial court found probable cause and authorized A.I. to be placed in foster care on April 18, 2002, pending Alan's departure from the premises. The trial court set the matter for an initial hearing on April 24, 2002. On that day, the parents appeared with counsel and were advised of their rights. They denied the allegations in the petition, and the trial court set a trial date. The trial court also issued a no contact order in favor of Jennifer and A.I. against Alan. He was ordered to move from the premises within a month, and A.I. was returned to Jennifer's care as of that date.

A few days later, Wilke talked to Jennifer, who admitted that Alan had been abusing her. Alan continued to have contact with Jennifer and A.I. in violation of the no-contact order.

In June 2002, Jennifer and A.I. were evicted from the residence. Alan found them staying with friends and abused Jennifer. As a result, he was arrested. He later pled guilty to a Class A misdemeanor.

The OFC filed an information for contempt ("IC") alleging a violation of the no contact order. After the parties submitted the matter on the record, the trial court found A.I. to be a child in need of services ("CHINS") and reaffirmed the no-contact order, which specified that Alan was to have no contact with Jennifer or A.I. Within an hour, Alan phoned Jennifer where she was staying and told her he was coming over.

As of July 11, 2002, Jennifer was homeless and had not made any progress on the issues identified by the OFC. The next day, the OFC filed a motion for change of placement and requested detention of A.I. The trial court granted temporary placement and set a hearing on July 17, 2002. By agreement, the matter was reset for August 2, 2002, and was later continued to August 7, 2002. At that time, the no contact order was amended to permit contact between Alan and Jennifer.

A month later, the trial court conducted the dispositional hearing. The trial court found that A.I. was a CHINS and that placement out of the home was in her best interests. Both parents agreed to a parental participation plan ("PPP") with which the trial court ordered them to comply. Jennifer's PPP required her to:

engage in reasonable efforts in the best interest of the child, including:

(a) obtain assistance in fulfilling obligations as a parent/legal guardian/custodian, to wit: (1) attend and successfully complete Caretakers of Sexually Abused Children Therapy Group; (2) complete a psychological evaluation and follow the recommendations; (3) continue psychotropic medications as prescribed; (4) complete a substance abuse evaluation and follow the recommendations; (5) attend therapy for Victims of Domestic Violence and that will help your family establish appropriate sexual boundaries in your home; (6) attend and successfully complete parenting classes; (7) attend family therapy if the family intends to reunify and follow the recommendations; (8) complete a psychiatric evaluation for medication; (9) submit to random drug screens and breathalyzers.

(b) provide specified care, treatment or supervision for the child, to wit: (1)[removed][¹]; (2) provide routine emergency medical care for the child; (3) ensure that the child is evaluated by the First Steps Program; (4) provide a safe nurturing environment free from domestic violence; (5) devise a safety plan with a therapist that will protect the child from domestic violence and sexual abuse and file the safety plan with the court prior to reunification; (6) abide by the safety plan.

(c) work with any person providing care, treatment, or rehabilitation for the child, to wit: (1) cooperate with the Family Case Manager, In-Home Therapist, Parent Aide, Ireland visitation staff, First Steps Providers, and any other service providers assigned to this case; (2) allow announced and unannounced visits from the Family Case Manager, Parent Aide and In-Home Therapist.

(d) be further ordered to: (1) sign and keep current all Releases of Information including, but not limited to Vanderburgh County Juvenile Court and Vanderburgh County Office of Family & Children and all service providers; (2) contact the Family Case Manager within 48 hours of any change in address, employment, household situation, telephone number, (3) pay for recommended services; (4) pay court-ordered child support; (5) obtain and maintain employment or source of income; (6) obtain and maintain suitable housing; (7) visit as arranged by the Family Case Manager.

Alan's App. pp. 26-27. Alan's plan provided that he:

should engage in reasonable efforts in the best interest of the child, including:

(a) obtain assistance in fulfilling obligations as a parent/legal guardian/custodian, to wit: (1) complete a psychological evaluation including the Indiana Sex Problem Scale and follow the recommendations; (3) attend Sex Offender Treatment Group and follow their recommendations; (4) attend and successfully complete Domestic Violence Treatment; (5) attend and successfully complete parenting classes; (6) attend therapy to establish appropriate sexual boundaries; (7) attend family therapy if the family intends to reunify and follow the recommendations; (8) submit to random drug screens and breathalyzers if a screen returns positive, complete a substance abuse evaluation and follow all treatment recommendations.

(b) provide specified care, treatment or supervision for the child, to wit: (1) abide by the no-contact order issued on 4/24/2002 between Allen Inkenhaus and [A.I.]; (2) provide routine emergency medical care for the child; (3) ensure that the child is evaluated by the First Steps Program; (4) provide a safe nurturing environment free from domestic violence; (5) devise a safety plan with a therapist that will protect the child from domestic violence and sexual abuse and file the safety plan with the court prior to reunification; (6) abide by the safety plan; (7) refrain from bathing [A.I.]; (8) refrain from changing [A.I.]'s diapers or providing any personal care; (9) refrain from any form of sexual or intimate contact with [A.I.].

(c) work with any person providing care, treatment, or rehabilitation for the child, to wit: (1) cooperate with the Family Case Manager, In-Home therapist, Parent Aide and First Steps Providers and any other service providers assigned to this case; (2) allow announced and unannounced visits from the Family Case Manager, Parent Aide and In-Home Therapist.

(d) be further ordered to: (1) sign and keep current all Releases of Information including, but not limited to Vanderburgh County Juvenile Court and Vanderburgh County Office of Family & Children and all service providers; (2) contact the Family Case Manager within 48 hours of any change in address, employment, household situation, telephone number, (3) pay for recommended services; (4) pay court ordered child support; (5) obtain and maintain employment or source of income; (6) obtain and maintain suitable housing; (7) visit as arranged by the Family Case Manager.

Alan's App. pp. 29-30. The trial court ordered both parents to pay weekly support for A.I. beginning September 27, 2002.

On September 6, 2002, the trial court conducted a hearing on the IC. Alan admitted that he was in contempt.

After several continuances, the trial court eventually conducted a review and permanency hearing on April 9, 2003. The review memorandum contains the OFC's concerns that both parents were abusing prescription medications; both refused to sign releases; no support had been paid; domestic conflict continued; and Jennifer reported she could not protect A.I. from Alan. The trial court found that A.I. remained in need of services and continued the dispositional decree.

Thereafter, the OFC filed an IC against Jennifer alleging that she had failed to cooperate with the therapist, OFC, and other service providers; obtain employment and create a safe environment for A.I.; and failed to attend Caretakers of Sexually Abused Children. An IC against Alan was also filed, alleging a failure to cooperate with the in-home therapist...