Miedl, Matter of

• Decision Date: 03 September 1981
• Docket Number: No. 881S211,881S211
• Citation: 425 N.E.2d 137
• Parties: In the Matter of Charles Damon MIEDL, a child under the age of 18 years. In the Matter of Shaun David MIEDL, a child under the age of 18 years.
• Court: Indiana Supreme Court

Page 137

425 N.E.2d 137

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

No. 881S211.

Supreme Court of Indiana.

Sept. 3, 1981.

Legal Services Program of Northern Indiana, Inc., Kevin B. McGrath, Edward M. Ober, Michigan City, for appellants.

Donald E. Transki, Michigan City, for appellee.

ON PETITION TO TRANSFER

PIVARNIK, Justice.

This cause comes to us on a petition to transfer from the Fourth District Court of Appeals. On October 9, 1979, the LaPorte Juvenile Court granted the petition of the LaPorte County Welfare Department to terminate the parental rights of Glenda Miedl and her two minor children, Charles and Shaun.

The Court of Appeals held the termination of the mother's parental rights was improper since the trial court did not comply with statutory requirements and, further, that there was insufficient evidence in the record before the trial court. Matter of Miedl, (1981) Ind.App., 416 N.E.2d 491.

We find the trial judge did not commit reversible error in entering his judgment and we accordingly grant transfer, vacate the opinion of the Court of Appeals and affirm the trial court.

The record shows that there was a long involvement with the natural mother, Glenda Miedl, and the authorities, regarding the custody and care of her two children. As a matter of fact, most of the lifetime of these children was spent as wards of the LaPorte County Department of Public Welfare. Charles Damon Miedl was born on May 6, 1976. He became a ward of the LaPorte County Department of Public Welfare barely more than three months later, on August 22, 1976. Shaun David Miedl was born on April 24, 1978. He became a ward of the LaPorte County Department of Public Welfare on May 11, 1978. Both of these children remained wards of the LaPorte County Department of Public Welfare under the jurisdiction of the Court in one manner or another up to and including the day of October 9, 1979, when the Order of Permanent Termination of Parental Rights was entered by the trial court. The August 22, 1976 wardship of Charles was based on a disorderly conduct charge against Glenda; she was later committed to the psychiatric floor of the LaPorte Hospital for a 72 hour observation on August 23, 1976. On August 31, 1976, Charles was returned to Glenda and her aunt, but the wardship continued. On November 30, 1976, 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. Custody of Charles was again returned to Glenda on July 12, 1977, but wardship continued with the Welfare Department.

Shaun was born on April 24, 1978, six weeks premature. He remained in the hospital due to a respiratory problem. During this period, on May 8, Glenda was again committed to the psychiatric floor of the LaPorte Hospital. Charles was again taken into custody by the Welfare Department, with Glenda's agreement, and placed in a foster home. When Shaun was ready to be released from the hospital on May 11, he was made a temporary ward of the department because of the absence of Glenda from her home. The record shows that on June 15, 1978, Judge Donald Martin held a hearing to decide whether to terminate the wardships of both boys. Judge Martin continued the wardships, including the custody of the two boys by the Welfare Department for placement in foster homes, and set goals for Glenda to achieve before the court would terminate the wardships. She was to become a rational, reasonable, adult person, learn to cope with everyday life, and avoid excess temper, emotional outburst, alcohol and drugs. She was to maintain a good personal appearance, a clean home, and attain financial stability.

The record shows that on February 28, 1979, Judge Martin ordered Shaun returned to Glenda and on March 6, ordered Charles returned to her. This was done by oral order to the Welfare Department without any entry in the record. Judge Martin explained that he did this to give Glenda a trial period with both children to see if she could handle them. She kept both children with her until May 2, 1979, when she was admitted to the hospital emergency room complaining of headaches and vomiting. The Welfare Department notified Judge Martin of Glenda's incapability at this time and he ordered that the children be returned to their foster parents. This again was done by an oral order to the Welfare Department. On May 30, Glenda filed her petition for termination of wardship, alleging that she had accomplished Judge Martin's goals and that it would be in the best interest of her children for the court to terminate their wardships and return them to her. The LaPorte County Welfare Department, through its case worker, Patricia Kasko, filed a petition on June 8, asking that Glenda's parental rights be permanently terminated for the health, welfare, and future of the minor children and that the LaPorte County Department of Public Welfare continue to keep custody of the children and grant the LaPorte County Department of Public Welfare authority to consent to the adoption of the minor children. Both of these motions were heard by the court on September 27, and October 3, 1979. The court entered judgment on October 9, 1979.

Most of the witnesses called were involved with Glenda and her children through the professional needs of Glenda and her children or through public agencies organized for that purpose. Testimony could be summarized as indicating that Glenda was very unstable and totally unable to give her children the care they required. Such was the tenor of the testimony of Frieda Hammerman, Director of Social Services at St. Anthony Hospital; Dr. Paik, a pediatrician; Susan Brooks, ADC Supervisor for the Welfare Department; Patricia Parkman, a registered nurse at LaPorte County Visiting Nurses Association; Alice Petroff, Adult Basic Education Representative for the Michigan City area schools; Edith Hockberg, an employee of Orthopedic Associates of Michigan City; Kathryn Viggiano, Staff Therapist for the LaPorte County Mental Health Center; and Lynn Alexander, LaPorte County Department of Public Welfare. Among the findings made by the trial judge in his final orders are the following:

" * * *

7. That during the latter part of February, 1979 (no entry on court records was made) the court on its own motion verbally ordered the return of the Children to Glenda Miedl, against the advice of the Department of Public Welfare. This order was made so that Glenda Miedl would be given the benefit of any doubt that she could in fact, care for these children.

8. This experiment proved to be a total failure and the children were again verbally (no court entry made) returned to the custody of the Department of Public Welfare.

9. In its order of June 21, 1978, this Court set certain goals for Glenda Miedl, one of which was that she become a rational responsible adult person by learning to cope with everyday life. The evidence clearly discloses that she is unable to cope with everyday life even while living alone, much less while she has the care of her children, during which time she is totally at sea and entirely dependent on agency support. Glenda Miedl is not an evil or viscous (sic) person and her inability to care for her children is not intentional, she is simply inadequate emotionally to handle everyday problems in rearing children. There is nothing to indicate she will improve and the law does not contemplate daily and continuous agency support ad infinitum.

10. That during the life of these wardships Glenda Miedl has received to one degree or another, assistance from the following agencies:

Comprehensive Mental Health Center, Hammond, IN

Lake County Department of Public Welfare

Tri-City...