Court of Appeals of Indiana | Memorandum Decision 19A-JT-2603 | April 15, 2020 Page 1 of 11

MEMORANDUM DECISION

Pursuant to Ind. Appellate Rule 65(D), 

this Memorandum Decision shall not be 

regarded as precedent or cited before any 

court except for the purpose of establishing 

the defense of res judicata, collateral 

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT

Ronald J. Moore

The Moore Law Firm, LLC

Richmond, Indiana

ATTORNEYS FOR APPELLEE

Curtis T. Hill, Jr.

Attorney General of Indiana

Marjorie Lawyer-Smith

Deputy Attorney General

Indianapolis, Indiana

I N T H E

COURT OF APPEALS OF INDIANA

In Re: The Matter of the 

Termination of the Parent-Child 

Relationship of L.H. (Minor 

Child);

D.H. (Father),

Appellant-Respondent,

v.

The Indiana Department of 

Child Services,

Appellee-Petitioner.

April 15, 2020

Court of Appeals Case No.

19A-JT-2603

Appeal from the Randolph Circuit 

Court

The Honorable Jay L. Toney, 

Judge

Trial Court Cause No.

68C01-1905-JT-70

Pyle, Judge
Court of Appeals of Indiana | Memorandum Decision 19A-JT-2603 | April 15, 2020 Page 2 of 11

Statement of the Case

[1] D.H. (“Father”) appeals the termination of the parent-child relationship with 

his son, L.H., (“L.H.”), claiming that the Department of Child Services 

(“DCS”) failed to prove by clear and convincing evidence that: (1) there is a 

reasonable probability that the conditions that resulted in L.H.’s removal will 

not be remedied; (2) termination is in L.H.’s best interests; and (3) adoption is a 

satisfactory plan for L.H.’s care and treatment. Concluding that there is 

sufficient evidence to support the trial court’s decision to terminate the parentchild relationship, we affirm the trial court’s judgment.1

[2] We affirm.

Issue

Whether there is sufficient evidence to support the termination of 

the parent-child relationship.

Facts

[3] The evidence and reasonable inferences that support the judgment reveal that

L.H. was born in August 2013. DCS removed L.H. from his home in October 

2016 and placed him in foster care with his maternal uncle’s family because of 

his parents’ substance abuse and domestic violence. 

1 L.H.’s mother (“Mother”) voluntarily relinquished her parental rights in January 2019, and she is not a 

party to this appeal. 
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[4] In November 2016, the trial court adjudicated L.H. to be a child in need of 

services (“CHINS”). In a December 2016 dispositional decree, the trial court

ordered Father to: (1) abstain from the use of illegal drugs; (2) complete a 

substance abuse assessment; (3) complete a parenting assessment; (4) maintain 

stable and suitable housing; (5) participate in supervised visitation; and (6) 

submit to random drug screens.

[5] After Father failed to comply with the dispositional decree, in May 2019, DCS 

filed a petition to terminate Father’s parental relationship with L.H. At the 

termination hearing, Father, who was incarcerated, admitted that: (1) his drug 

screens during the course of the proceedings had been positive for 

methamphetamine and amphetamines; (2) he had never completed a parenting 

assessment; (3) he had never completed a substance abuse assessment; (4) he 

had been arrested several times during the pendency of the proceedings and 

charged with multiple offenses such as maintaining a common nuisance 

(controlled substances), possession of paraphernalia, possession of 

methamphetamine, unlawful possession of syringes, driving while suspended,

and battery with bodily injury where the victim was L.H.’s foster father; (5) he 

had pled guilty to many of these offenses; and (6) he had absconded from work 

release and been missing for three months during the pendency of the 

proceedings. The only court-ordered service that Father had completed was 

supervised visitation from January until March 2017. The trial court suspended 

visitation in March 2017 because of Father’s positive drug screens and ordered 

that visitation would not resume until Father had three negative drug screens. 
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Father was never able to do so and, at the time of the termination hearing, had 

not seen L.H. since March 2017. Father also admitted that he had neither 

stable housing nor employment.

[6] During the hearing, when DCS pointed out to Father that the case had gone on 

for nearly three years without Father following the CHINS dispositional order, 

Father responded that he did not know that there was a time limit on how long 

he had to do the services and that L.H was with family. Father believed that 

“the family would . . . want to keep – until we get our lives together, they would

just keep him with them. You know, it ain’t like he’s in foster care[.]” (Tr. Vol. 

2 at 155). Father also explained that he had been participating in a Family 

Engagement program for several months while he was incarcerated and that 

when he was released from jail, he planned to abstain from the use of drugs, 

seek drug treatment, seek counseling, and attend NA meetings. Father’s 

earliest release date was January 2020.

[7] Also at the hearing, DCS Family Case Manager Courtney Tanner (“FCM 

Tanner”) testified that the conditions that had led to L.H.’s removal had not 

been remedied. Specifically, she explained that “throughout the course of [her] 

involvement in the case . . . it seem[ed] like jail ha[d] been a repeat behavior, 

incarceration, drug use, and [they] just [had not] been able to have either parent 

participate in services that would show that they [were] able to . . . 

appropriately and safely parent [L.H.] (Tr. Vol. 2 at 85). 
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[8] The evidence further revealed that when DCS placed L.H. with his foster 

parents, L.H. was behind on his immunizations and had significant dental 

problems. He was also reserved and shy. At the time of the termination 

hearing, L.H.’s medical and dental issues had been addressed, he had become 

involved in a church group, and his school had discussed moving him up to 

kindergarten ahead of schedule. In addition, after living with his foster parents 

for almost half of his life, L.H. does not remember Father and is bonded with 

his foster parents. According to FCM Tanner, L.H. was “very insistent that his 

placement is his parents.” (Tr. Vol. 2 at 94).

[9] Also at the hearing, the child advocate, who had attended all court hearings 

involving the family, opined that the conditions that had led to L.H.’s removal 

had not been remedied. Specifically, the child advocate explained that “we 

continue to have a father that is incarcerated and when he’s been out, he has 

not done the services besides some visitation that has been ordered from the 

beginning of the case.” (Tr. Vol. 2 at 191). According to the child advocate, 

termination of Father’s parental rights and foster parent adoption was in L.H.’s 

best interests.

[10] Children’s Bureau Case Manager Andrew Lykins (“Case Manager Lykins”) 

who had met with Father one hour per week at the jail since October 2018, 

testified that Father had been “fully engaged” and “completely open” with him. 

(Tr. Vol. 2 at 40, 41). According to Case Manager Lykins, Father had “gained 

perspective and insight regarding himself, [had] taken accountability for his 

actions, which led to this moment now, and [had] a desire to change that 
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behavior and heal those circumstances which led to the case.” (Tr. Vol. 2 at 

42). Case Manager Lykins, however, acknowledged that he did not have the 

ability to address or remedy the major issues involved in the CHINS case and 

that he had “no ability to ensure that [Father was] going to follow through on 

the resources [Lykins] gave him to help with substance abuse, anger issues, 

[and] community resources.” (Tr. Vol. 2 at 48).

[11] Following the hearing, the trial court issued a detailed order terminating 

Father’s parental relationship with L.H. Father now appeals.

Decision

[12] Father argues that there is insufficient evidence to support the termination of his 

parental rights. The Fourteenth Amendment to the United States Constitution 

protects the traditional right of parents to establish a home and raise their 

children. In re K.T.K., 989 N.E.2d 1225, 1230 (Ind. 2013). However, the law 

provides for termination of that right when parents are unwilling or unable to 

meet their parental responsibilities. In re Bester, 839 N.E.2d 143, 147 (Ind. 

2005). The purpose of terminating parental rights is not to punish the parents 

but to protect their children. In re L.S., 717 N.E.2d 204, 208 (Ind. Ct. App. 

1999), trans. denied.

[13] When reviewing the termination of parental rights, we will not weigh the 

evidence or judge the credibility of the witnesses. K.T.K., 989 N.E.2d at 1229. 

Rather, we consider only the evidence and reasonable inferences that support 

the judgment. Id. Where a trial court has entered findings of fact and 
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conclusions thereon, we will not set aside the trial court’s findings or judgment 

unless clearly erroneous. Id. (citing Ind. Trial Rule 52(A)). In determining 

whether the court’s decision to terminate the parent-child relationship is clearly 

erroneous, we review the trial court’s judgment to determine whether the 

evidence clearly and convincingly supports the findings and the findings clearly 

and convincingly support the judgment. Id. at 1229-30.

[14] A petition to terminate parental rights must allege:

(B) that one (1) of the following is true:

(i) There is a reasonable probability that the conditions 

that resulted in the child’s removal or the reasons for 

placement outside the home of the parents will not be 

remedied.

(ii) There is a reasonable probability that the continuation 

of the parent-child relationship poses a threat to the wellbeing of the child.

(iii) The child has, on two (2) separate occasions, been 

adjudicated a child in need of services;

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

(D) that there is a satisfactory plan for the care and treatment of 

the child.

IND. CODE § 31-35-2-4(b)(2). DCS must prove the alleged circumstances by 

clear and convincing evidence. K.T.K., 989 N.E.2d at 1231.

[15] Here, Father argues that there is insufficient evidence to support the 

termination of his parental rights. Specifically, he first contends that the 
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evidence is insufficient to show that there is a reasonable probability that the 

conditions that resulted in L.H.’s removal will not be remedied. In determining 

whether the conditions that resulted in a child’s removal or placement outside 

the home will not be remedied, we engage in a two-step analysis. In re E.M., 4 

N.E.3d 636, 643 (Ind. 2014). We first identify the conditions that led to 

removal or placement outside the home and then determine whether there is a 

reasonable probability that those conditions will not be remedied. Id. The 

second step requires trial courts to judge a parent’s fitness at the time of the 

termination proceeding, taking into consideration evidence of changed 

conditions and balancing any recent improvements against habitual patterns of 

conduct to determine whether there is a substantial probability of future neglect 

or deprivation. Id. Habitual conduct may include parents’ prior criminal 

history, drug and alcohol abuse, history of neglect, failure to provide support, 

and a lack of adequate housing and employment. A.D.S. v. Ind. Dep’t of Child 

Servs., 987 N.E.2d 1150, 1157 (Ind. Ct. App. 2013), trans. denied. The trial court 

may also consider services offered to the parent by DCS and the parent’s 

response to those services as evidence of whether conditions will be remedied. 

Id. Requiring trial courts to give due regard to changed conditions does not 

preclude them from finding that a parent’s past behavior is the best predictor of 

his future behavior. E.M., 4 N.E.3d at 643. 

[16] Here, our review of the evidence reveals that L.H., who was adjudicated to be a 

CHINS in November 2016, was removed from the home because of his parents’ 

drug use and domestic violence. The evidence at the termination hearing 
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revealed that Father had not successfully completed any of the court ordered 

services. Specifically, he had continued to use drugs throughout the 

proceedings and had lost his supervised visits with L.H. because of his drug use. 

Father had never completed substance abuse or parenting assessments. At the 

time of the termination hearing, Father was incarcerated and had no job or 

housing. This evidence supports the trial court’s conclusion that there was a 

reasonable probability that the conditions that resulted in L.H.’s placement 

outside the home would not be remedied. We find no error. To the extent that 

Father highlights his “[diligent work] with Fatherhood Engagement services,” 

(Father’s Br. at 8), we note that the trial court was well within its discretion to 

“disregard the efforts [Father] made only shortly before termination and to 

weigh more heavily [Father]'s history of conduct prior to those efforts.” In re 

K.T.K., 989 N.E.2d at 1234. 

[17] Father also argues that there is insufficient evidence that the termination is in 

L.H.’s best interests. In determining whether termination of parental rights is in 

the best interests of a child, the trial court is required to look at the totality of 

the evidence. In re D.D., 804 N.E.2d 258, 267 (Ind. Ct. App. 2004), trans. 

denied. In so doing, the court must subordinate the interests of the parents to 

those of the child involved. Id. Termination of the parent-child relationship is 

proper where the child’s emotional and physical development is threatened. In 

re R.S., 774 N.E.2d 927, 930 (Ind. Ct. App. 2002), trans. denied. “‘A parent’s 

historical inability to provide adequate housing, stability and supervision 

coupled with a current inability to provide the same will support a finding that 
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continuation of the parent-child relationship is contrary to the child’s best 

interest.’” In re B.D.J., 728 N.E.2d 195, 203 (Ind. Ct. App. 2000) (quoting 

Matter of Adoption of D.V.H., 604 N.E.2d 634, 638 (Ind. Ct. App. 1992), trans. 

denied, superseded by rule on other grounds). Further, the testimony of the service 

providers may support a finding that termination is in the child’s best interests. 

McBride v. Monroe Cty. Office of Family and Children, 798 N.E.2d 185, 203 (Ind. 

Ct. App. 2003). 

[18] Here, the child advocate testified that termination of Father’s parental rights 

and foster parent adoption was in L.H.’s best interests. The testimony of child 

advocate, as well as the other evidence previously discussed, supports the trial 

court’s conclusion that termination was in L.H.’s best interests.

[19] Father also argues that DCS does not have a satisfactory plan for L.H.’s care 

and treatment. This Court has previously explained that the plan for the care 

and treatment of the child need not be detailed, so long as it offers a general 

sense of the direction in which the child will be going after the parent-child 

relationship is terminated. In re A.S., 17 N.E.3d 994, 1007 (Ind. 2014). Here, 

the DCS caseworker testified that the plan for the care and treatment of L.H. is 

adoption. This is a satisfactory plan. See In re A.N.J., 690 N.E.2d 716, 722 

(Ind. Ct. App. 1997).

[20] We reverse a termination of parental rights “only upon a showing of ‘clear 

error’—that which leaves us with a definite and firm conviction that a mistake 

has been made.” Egly v. Blackford Cty. Dep’t of Pub. Welfare, 592 N.E.2d 1232, 
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1235 (Ind. 1992). We find no such error here and therefore affirm the trial 

court. 

[21] Affirmed.

Bradford, C.J., and Baker, J., concur.