Snyder, Matter of

• Decision Date: 31 March 1981
• Docket Number: No. 1-480A106,1-480A106
• Parties: In the Matter of Teanna Marie SNYDER, Tamala Michelle Snyder and Jason Neil Snyder, Minor Children Under The Age of Eighteen Years. Kathleen SNYDER, Respondent-Appellant, v. SHELBY COUNTY DEPARTMENT OF PUBLIC WELFARE, Petitioner-Appellee.
• Court: Indiana Appellate Court

Page 1171

418 N.E.2d 1171

In the Matter of Teanna Marie SNYDER, Tamala Michelle Snyder

and Jason Neil Snyder, Minor Children Under The

Age of Eighteen Years.

Kathleen SNYDER, Respondent-Appellant, v. SHELBY COUNTY DEPARTMENT OF PUBLIC WELFARE, Petitioner-Appellee.

No. 1-480A106.

Court of Appeals of Indiana, First District.

March 31, 1981.

Michael G. Ruppert, Legal Services Organization of Indiana, Inc., Indianapolis, for respondent-appellant.

Mark W. McNeely, McNeely & Sanders, Shelbyville, for petitioner-appellee.

RATLIFF, Judge.

STATEMENT OF THE CASE

Kathleen Snyder (Kathleen) appeals from a judgment entered in the Shelby Superior Court which terminated her parental rights regarding Teanna Snyder (Teanna), Tamala Snyder (Tamala), and Jason Snyder (Jason). Affirmed in part, reversed in part, and remanded with instructions.

STATEMENT OF THE FACTS

In April of 1977, Kathleen was hospitalized, and Teanna, Tamala and Jason were made temporary wards of the Shelby Superior Court. These wardships were made permanent in May 1977 while Kathleen was temporarily committed to a mental health facility. Rosalie Shadley (Shadley), a Shelby County Department of Public Welfare (Department) caseworker, was assigned to supervise the wardships of Kathleen's children.

Kathleen was allowed a visit with her children in August of 1977 after she had been released from the hospital. In September, the Shelby County Superior Court entered an order requiring Kathleen to pay fifteen dollars ($15.00) per week in child support. She did not pay any support even though she was employed from November 1977 to February 1978 at the Marion County Home. However, during her November 1977 visit with her children, Kathleen gave her children hats, coats, and a birthday cake. Likewise, during her December visit with the children, she gave them gifts. Also, she was allowed to take the children out to dinner.

In January of 1978, Shadley felt that Kathleen had made sufficient progress to allow the children to be returned to her. However at the time, Kathleen was living with David Parks (Parks). Shadley informed Kathleen that her children would not be returned to her as long as Parks was still present; hence, Kathleen moved Parks out of her home. Teanna, Tamala, and Jason were returned to Kathleen on February 1, 1978. However, the children were returned to their foster home on February 3. During the two days that Kathleen had the children, Parks had threatened Kathleen and tried to get into her home. She did not want him near her children and asked Clay Collins to stay with her and the children. Parks called the Department to report that Kathleen was not taking adequate care of her children. Upon the basis of this report, Shadley went to Kathleen's home to find it in disarray. Shadley removed the children from Kathleen's care on that day with Kathleen's agreement that the children should be returned to their foster home.

Kathleen did not return to her job after the weekend of February 1. In March, she requested a visit with her children; however, Shadley believed that Kathleen was mentally or emotionally unstable and would not allow a visit unless she obtained a statement from a mental health professional stating that she was stable enough to visit her children. Kathleen contacted Jim Albrecht at the People's Mental Health Center in March, and he informed Kathleen that he could not give her a release without observing her interaction with her children. Albrecht told Shadley in March that Kathleen had asked for a release; however, Shadley stated that she did not understand until September that Kathleen would have to be observed with her children to obtain a release. Shadley never made any arrangement for an evaluation of Kathleen and her children; she did not feel it was her job to arrange the release.

From the end of March through June of 1978, Kathleen was incarcerated in the Marion The Department filed a petition to terminate Kathleen's parental rights on October 10, 1978, alleging that Kathleen had failed without justifiable cause to communicate significantly with her children when able to do so and wilfully failed to support her children as required by law when able to do so for at least one year immediately prior to the filing of the petition. Kathleen was served with these papers on or about October 12, and she called the Department about them on that day. According to Kathleen, when she talked to June Himmel (Himmel), director of the Department, she was told that she was unfit, selfish, and could not give her children the love they needed. Further, she was informed that if she signed adoption papers she would not have to go to court. Himmel denied these statements. She stated that Kathleen was told the Department was acting in the children's best interests and that there were several reasons why the Department had filed the petition. Himmel suggested that Kathleen contact an attorney, which she did. However, Kathleen was unable to hire the attorney because she did not have any money. Approximately one week later, Kathleen went to the Department along with a neighbor, Carolyn Harris (Harris). On that day Kathleen signed a consent to adoption and a voluntary relinquishment of her parental rights to each of her children.

County Jail. After her release, she was unemployed, except for a few weeks in August when she worked at a CETA job. In October, Kathleen began a full-time job at the Chaperral Restaurant in Shelbyville and a part-time job at Pizza Hut. She once again asked to visit with her children. This request, as with the ones she had made in August and September, was denied.

Kathleen filed a verified withdrawal of her consents to adoption of her children with the trial court on December 11, 1978, alleging that it would be in the best interests of her children to withdraw the consents. Also, she alleged that the consents to adoption were obtained as a result of duress and undue influence. The Department amended its petition on January 22, 1979, to reflect that Kathleen had voluntarily relinquished her parental rights and consented to adoption of her children. Trial was held on March 23, 1979, and Judge Tolen entered judgment on October 1, 1979, which states in pertinent part:

"The Court finds that for at least one year preceding the filing of the petition said mother has failed to provide for the support of said children when able to do so, and has failed without justifiable cause to communicate significantly with said children when able to do so.

"The Court further finds that the matters set forth in the Amended Petition herein are true; and that the consent to adoption and Voluntary Termination of Parental Rights concerning the minor children were signed freely and voluntary (sic) and in the best interest of the minor children.

"THE COURT FURTHER FINDS that reasonable services have, under the circumstances, been provided to Kathy Snyder or were offered and refused by Kathy Snyder. Said services were designed to aid Kathy Snyder in overcoming the problems which originally lead to the depreviation (sic) of the physical custody of the minor children. Despite the offer or utilization of the services, the problems which originally lead to the depreviation (sic) of physical custody are still present.

"THE COURT FURTHER FINDS that if the parental rights of the said minor children are terminated that said minor children will be placed for adoption.

"IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED by the Court that the parent-child relationship existing between Kathy Snyder and her minor children, Teanna Marie Snyder, Tamala Michelle Snyder, and Jason Neil Snyder, are terminated and all legal rights of inheritance between said minor children and their mother are further hereby terminated, without any further act or proceedings; and that by reason of said children being presently wards of the Shelby Superior Court, no guardian or custodian shall be appointed; and the custody and supervision of said children

shall remain with the Shelby County Department of Public Welfare."

ISSUES

The following issues have been raised by Kathleen for our consideration:

1. Whether the trial court erred as a matter of law in denying Kathleen discovery of the caseworker's notes on the basis that the notes were protected from discovery by the work product immunity.

2. Whether the trial court's finding that the consents to adoption and voluntary relinquishment of parental rights were voluntarily signed is contrary to law.

3. Whether the trial court erred by failing to order the withdrawal of the consents to adoption and voluntary relinquishment of parental rights.

4. Whether the trial court's finding that Kathleen failed without justifiable cause to communicate significantly with her children when able to do so during one year preceding the filing of the petition to terminate parental rights is contrary to law.

5. Whether the trial court's finding that Kathleen failed to provide for the support of her children when able to do so for one year immediately preceding the filing of the petition to terminate parental rights is contrary to law.

6. Whether the trial court's finding that Department provided reasonable services to Kathleen is contrary to law.

DECISION

Before discussing the merits of this case, we must first decide what law is applicable since judgment was entered on October 1, 1979. Is the applicable law Ind.Code 31-3-1-7 (repealed 1979) or Ind.Code 31-6-5-4 of the new Juvenile Code ¹ which was effective October 1, 1979? The effective date of October 1, 1979, of the new Juvenile Code 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 a modification of judgment may petition the court to apply this act in such a matter." Acts of 1978, P.L. No. 136, § 59.

In the recent case of In the Matter of Charles Damon Miedl, (1981) Ind.App., 416 N.E.2d 491, ...