Miedl, Matter of

• Decision Date: 18 February 1981
• Docket Number: No. 3-480,3-480
• Citation: 416 N.E.2d 491
• Parties: In the Matter of Charles Damon MIEDL, a child under the age of 18 years. and In the Matter of Shaun David MIEDL, a child under the age of 18 years. A 94.
• Court: Indiana Appellate Court

Page 491

416 N.E.2d 491

In the Matter of Charles Damon MIEDL, a child under the age of 18 years and In the Matter of Shaun David MIEDL, a child under the age of 18 years.

No. 3-480 A 94.

Court of Appeals of Indiana, Fourth District.

Feb. 18, 1981.

Kevin B. McGrath, Edward M. Ober, Michigan City, for appellant.

Donald E. Transki, Michigan City, for appellee.

CHIPMAN, Judge.

This is a parental rights termination case. Glenda Miedl is the mother of 2 children, Charles, presently 41/2 years old and Shaun, presently almost 3 years old. On October 9, 1979, the trial court terminated Glenda's parental rights. She appeals raising the following issues:

1. Whether the trial court erred in terminating Glenda's parental rights under IC 31-6-5-4, part of the new Juvenile Code which became effective on October 1, 1979; and

2. Whether the court's decision is supported by sufficient evidence. ¹

We reverse.

FACTS

On August 21, 1976, Glenda was arrested for disorderly conduct and on August 23 she was sent to the psychiatric floor of the LaPorte Hospital for 72 hour observation. A petition was filed in LaPorte Juvenile Court alleging Charles, then 3 months old, was a neglected child due to his mother's absence. Charles was made a temporary ward of the County Welfare Department (Department). On August 31, custody of Charles was returned to Glenda and an aunt but the wardship continued. On November 30, custody of Charles was again taken by the Department after a petition was filed by a juvenile probation officer alleging Glenda had threatened Charles' life.

After a hearing on July 12, 1977, the custody of Charles was returned to Glenda but wardship remained with the Department.

On April 24, 1978, Shaun was born, 6 weeks premature. He remained in the hospital due to a respiratory problem. On May 8, Glenda was again committed to the psychiatric floor of the LaPorte Hospital. She telephoned a Department caseworker and asked her to pick up Charles and he was taken to a foster home. On May 11, Shaun was ready to be released from the hospital and a petition was filed with the Juvenile Court alleging Shaun was a dependent and neglected child due to Glenda's commitment. This petition was granted and Shaun was made a temporary ward of the Department.

Both wardships continued and a hearing on whether to terminate the wardships was held on June 15, 1978. At this hearing Judge Donald Martin continued the wardships and set goals for Glenda to achieve before the court would terminate them. She was to become a rational, reasonable adult person, learn to cope with everyday life, avoid excess temper, emotional outbursts, alcohol, and drugs. She was to maintain a good personal appearance, a clean home, and attain financial stability.

On February 28, 1979, Glenda was given custody of Shaun and on March 6, custody of Charles. The trial court felt it would give Glenda a trial period with both children to see if she could handle them. She kept both children until May 2, when she went to the hospital emergency room complaining of headaches and vomiting. She took her children with her and the hospital called her caseworker to pick up Glenda and the children. The caseworker, Patricia Kasko, telephoned Judge Martin and he told her to return the children to their foster parents. ²

A Petition for Termination of Wardship was filed by Glenda on May 30, alleging she had accomplished Judge Martin's goals and that it would be in the best interests of her children for the court to terminate their wardships. A Petition to Terminate Parental Rights was filed by Caseworker Kasko on June 8 alleging Glenda's parental rights should be terminated "for the health, welfare and future of the minor" children. ³ A hearing was held on both petitions on September 27, and October 3, 1979.

On October 9, Judge Martin entered his order granting the Department's termination of parental rights petition. The court found Glenda was unable to handle everyday problems in rearing children. It determined IC 31-6-5-4 applied to Shaun but did not state what law it applied to Charles.

I. APPLICABLE LAW

Glenda argues the court improperly applied IC 31-6-5-4 when it terminated her parental rights to Shaun and that there was insufficient evidence to terminate Charles under either IC 31-3-1-6(g)(7) (repealed effective October 1, 1979) or under IC 31-5-7-15(5) as interpreted by Matter of Perkins, (1976) 170 Ind.App. 171, 352 N.E.2d 502. We believe the court acted properly in applying IC 31-6-5-4 to Shaun and it erred in not applying the same section of the new Juvenile Code to Charles.

The new Juvenile Code was enacted in 1978 as part of Public Law 136. Section 59 of that law states: "(T)his act takes effect October 1, 1979; this act does not apply to matters in which a court has entered a dispositional decree before October 1, 1979, except that a person authorized to move for modification of judgment may petition the court to apply this act in such a matter."

Wardships are awarded by entering a dispositional decree, according to IC 31-6-4-16(d), and since both children were made wards of the Department prior to October 1, 1979, Glenda argues IC 31-6-5-4 was not applicable to the parental rights termination proceeding.

Glenda reads the word "matters" contained in § 59 as being synonymous with the words "case" or "cause" and cites Malone v. Conner, (1963) 135 Ind.App. 167, 189 N.E.2d 590 for the rule that statutes are to be construed as having a prospective operation unless the language employed clearly indicates the statutes were intended to be retrospective. While we agree with the basic rule cited, we disagree with her interpretation given to the word "matters."

If we interpreted "matters" as suggested by Glenda we would reach an absurd result. Under Glenda's interpretation, if a parent had 2 children, and one was made a ward of the Department before October 1, 1979, and the other after that date, then those two similarly situated children would be treated under two different groups of laws, i. e. the statutes repealed October 1, 1979, and the new Juvenile Code. Additionally, depending on the ages of the two similarly situated children, this dissimilar treatment under the law may continue for several years until they reach the age of majority. It cannot be assumed the legislature expects its enactments to be applied in an absurd manner. Pryor v. State, (1973) 260 Ind. 408, 296 N.E. 125.

Judicial interpretation of a statute is warranted where its meaning or its language is ambiguous. Bowman v. State, (1979) Ind.App., 398 N.E.2d 1306. In this case the word "matters" is quite ambiguous. When construing or interpreting a statute our primary goal is to give effect to the intent of the legislature. Matter of Estate of Wisely, (1980) Ind.App., 402 N.E.2d 14, Indiana State Board of Tax Commissioners v. Holthouse Realty Corporation, (1976) 170 Ind.App. 232, 352 N.E.2d 535. To determine legislative intent, we look to the whole act, the law existing prior to the new act, to the changes made, the apparent motives for making them, Bowman v. State, supra, and the consequences that flow from the various interpretations. Allen County Department of Public Welfare v. Ball Memorial Hospital Association, Inc., (1969) 253 Ind. 179, 252 N.E.2d 424.

There are numerous differences between the new Juvenile Code and the law it replaced. The new law provides new protections in various proceedings and mandates different time requirements in others. IC 31-6-1-1 lists the purposes and policies behind the act including an insurance of fair hearings and a recognition of constitutional and other legal rights of children and parents. The legislature must certainly have intended to insure these rights to all children and parents coming in contact with juvenile justice. As applied to the facts in this case, making the children wards of the Department was a "matter" to which the new Juvenile Code did not apply. The termination of Glenda's parental rights is another "matter," in which the court had not entered a disposition decree before October 1, 1979. Therefore, IC 31-6-5-4 applied to the latter proceeding.

II. SUFFICIENCY OF THE EVIDENCE

IC 31-6-5-4 sets out five conditions that must be met before a petition to terminate parental rights must be granted under IC 31-6-4-14(d):

"31-6-5-4 Petition for termination of rights; delinquent child or child in need of services

Sec. 4. A petition to terminate the parent-child relationship involving a delinquent child or a child in need of services may be signed and filed with the juvenile court only by the attorney for the county department or the prosecutor; that person shall represent the interests of the state in all subsequent proceedings on the petition. The petition shall be entitled 'In the Matter of the Termination of the Parent-Child Relationship of ________, a child, and ________, his parent (or parents)' and must allege that:

(1) the child has been removed from his parent for at least six (6) months under a dispositional decree;

(2) there is a reasonable probability that the conditions that resulted in his removal will not be remedied;

(3) reasonable services have been offered or provided to the parent to assist him in fulfilling his parental obligations, and either he has failed to accept them or they have been ineffective;

(4) termination is in the best interests of the child; and

(5) the county department has a satisfactory plan for the care and treatment of the child."

Subsection (1) presents this court with a second ambiguous phrase that must be construed. The phrase "removed from his parent for at least six (6) months under a dispositional decree" is susceptible of numerous constructions depending on the various interpretations given "removed from his parent" and "for at least six (6) months." Employing the previously listed rules of statutory construction we construe this section to mean the parent must not have had physical custody of the...