MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Jan 30 2019, 9:24 am court except for the purpose of establishing CLERK the defense of res judicata, collateral Indiana Supreme Court Court of Appeals estoppel, or the law of the case. and Tax Court ATTORNEYS FOR APPELLANTS ATTORNEYS FOR APPELLEE Michael B. Troemel Curtis T. Hill, Jr. Lafayette, Indiana Attorney General of Indiana Harold E. Amstutz Katherine A. Cornelius Lafayette, Indiana Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA In the Termination of the Parent- January 30, 2019 Child Relationships of: Court of Appeals Case No. 18A-JT-1915 X.S., A.S., L.S., and Ar.S. (Minor Children) Appeal from the Tippecanoe Superior Court and The Honorable Faith A. Graham, M.S. (Mother) and A.S. (Father), Judge Appellants-Respondents, Trial Court Cause Nos. 79D03-1711-JT-124, 79D03-1711- v. JT-125, 79D03-1711-JT-126, and 79D03-1711-JT-127 The Indiana Department of Child Services, Appellee-Petitioner. Court of Appeals of Indiana | Memorandum Decision 18A-JT-1915 | January 30, 2019 Page 1 of 22 Riley, Judge. STATEMENT OF THE CASE [1] Appellants-Respondents, M.S. (Mother) and A.S. (Father), (collectively, Parents), appeal from the trial court’s Order terminating their parental rights to their minor children, X.S., A.S., L.S., and Ar.S. (collectively, Children). [2] We affirm. ISSUES [3] Parents present seven issues on appeal which we consolidate and restate as the following two issues: (1) Whether the trial court’s conclusion that there was a reasonable probability that the conditions that resulted in removal would not be remedied or that continuation of the parental relationship posed a threat to Children was clearly erroneous; and (2) Whether the trial court’s conclusion that it was in Children’s best interests to terminate Parents’ rights was clearly erroneous. FACTS AND PROCEDURAL HISTORY [4] Mother and Father were married in March 2009 and have four minor children, X.S., born August 2009, A.S., born January 2011, L.S., born April 2013, and Court of Appeals of Indiana | Memorandum Decision 18A-JT-1915 | January 30, 2019 Page 2 of 22 Ar.S., born October 2015. 1 Parents’ and Children’s involvement with the Department of Child Services (DCS) dates back to 2012. Children have been declared children in need of services (CHINS) on two occasions prior to the instant proceedings for conditions including Mother’s incarceration for habitual theft, Father’s incarceration for fraud, Children being left with strangers, Mother giving Children adult medication so she could sleep, and Mother providing L.S. with Klonopin. In 2015, the family became homeless after some of Children set their house on fire playing with a lighter. [5] Mother has been diagnosed with Bipolar Disorder I, Post Traumatic Stress Disorder (PTSD), and Borderline Personality Disorder. As a result of these conditions, Mother has experienced mood swings, irritability, mania, aggression, difficulty in concentration, and anxiety, among a host of symptoms. Mother has also experienced episodes of psychosis and hallucinations. On January 25, 2016, Mother was arrested following a physical altercation with her sister, who had been allowing the family to ...
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