In the Matter of the Termination of the Parent-Child Relationship of R.C. (Minor Child) and B.C. (Mother) v. Indiana Department of Child Services (mem. dec.)


MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Jul 20 2020, 10:21 am court except for the purpose of establishing CLERK Indiana Supreme Court the defense of res judicata, collateral Court of Appeals and Tax Court estoppel, or the law of the case. ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Valerie K. Boots Curtis T. Hill, Jr. Marion County Public Defender Agency Attorney General of Indiana Indianapolis, Indiana Monika Prekopa Talbot Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA In the Matter of the Termination July 20, 2020 of the Parent–Child Relationship Court of Appeals Case No. of R.C. (Minor Child) 20A-JT-270 Appeal from the Marion Superior and Court The Honorable Marilyn A. B.C. (Mother), Moores, Judge Appellant-Respondent, The Honorable Scott B. Stowers, Magistrate v. Trial Court Cause No. 49D09-1907-JT-605 Indiana Department of Child Services, Appellee-Petitioner. Court of Appeals of Indiana | Memorandum Decision 20A-JT-270 | July 20, 2020 Page 1 of 18 Bradford, Chief Judge. Case Summary [1] B.C. (“Mother”) is the biological mother of five children, including R.C. (“Child”).1 The Department of Child Services (“DCS”) became involved with Mother and Child due to concerns of drug use by Mother during pregnancy. DCS filed a petition alleging that Child was a child in need of services (“CHINS”) after discovering unsafe living conditions in the family’s home. Child was initially left in Mother’s care after he was determined to be a CHINS. However, Child was ultimately removed from Mother’s care due to ongoing concerns of Mother providing an unsafe and unstable living environment. Mother was ordered to complete certain services both prior to and following Child’s removal. DCS eventually petitioned to terminate Mother’s parental rights to Child after Mother failed to successfully complete the ordered services. Following an evidentiary hearing, the juvenile court granted DCS’s termination petition. On appeal, Mother contends that DCS failed to present sufficient evidence to support the termination of her parental rights. We affirm. Facts and Procedural History 1 This appeal only concerns the termination of Mother’s parental rights to Child as she has voluntarily relinquished her parental rights to her other four biological children. In addition, the parental rights of Child’s biological father have previously been terminated and Child’s biological father does not participate in this appeal. Court of Appeals of Indiana | Memorandum Decision 20A-JT-270 | July 20, 2020 Page 2 of 18 [2] In April of 2015, DCS Family Case Manager (“FCM”) Amanda McCullough became involved with Mother while investigating a report that Mother had delivered a baby and that both Mother and the baby had tested positive for marijuana. Mother admitted to FCM McCullough that she had used marijuana while pregnant. Mother also informed FCM McCullough that she had been evicted from her apartment and did not have anywhere to live. Mother eventually secured housing by moving in with a friend. [3] DCS opened an informal adjustment case for the family, pursuant to which Mother ...

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