26A-JT-00965•Termination: A J v. Indiana Department of Child Services
Termination: A J v. Indiana Department of Child Services
26A-JT-00965Indctapp16.10.2026
Gesamter Gesetzestext
Court of Appeals of Indiana | Memorandum Decision 26A-JT-965 | October 16, 2026 Page 1 of 20 Pursuant to Ind. Appellate Rule 65(E), the trial court and parties shall not take any action in reliance upon this memorandum decision until it is certified. MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision is not binding precedent for any court and may be cited only for persuasive value or to establish res judicata, collateral estoppel, or law of the case. I N T H E Court of Appeals of Indiana In re the Termination of the Parent-Child Relationship of: G.L.J. (Minor Child), and A.J. (Mother), Appellant-Respondent v. Indiana Department of Child Services, Appellee-Petitioner October 16, 2026 Court of Appeals Case No. 26A-JT-965 Appeal from the Allen Superior Court The Honorable Nancy L. Gettinger, Senior Judge
Court of Appeals of Indiana | Memorandum Decision 26A-JT-965 | October 16, 2026 Page 2 of 20 Trial Court Cause No. 02D08-2510-JT-224 Memorandum Decision by Judge Bradford Judges Bailey and Altice concur. Bradford, Judge. Case Summary [1] On June 21, 2023, the Indiana Department of Child Services (“DCS”) petitioned to have G.L.J. (“Child”) adjudicated a child in need of services (“CHINS”). On September 28, 2023, A.J. (“Mother”) stipulated that Child was a CHINS, after which she and K.L. (“Father”) (collectively, “Parents”) were ordered to complete certain services.1 Mother did not comply with the case plan and failed to make meaningful progress towards reunification with Child. On October 9, 2025, DCS petitioned to terminate Mother’s parental rights to Child. Following an evidentiary hearing, the juvenile court issued an order terminating Mother’s parental rights to Child. Mother contends that the evidence is insufficient to sustain the juvenile court’s order terminating her parental rights. We affirm. 1 While Father’s parental rights to Child were also terminated, he does not participate in this appeal.
Court of Appeals of Indiana | Memorandum Decision 26A-JT-965 | October 16, 2026 Page 3 of 20 Facts and Procedural History [2] Child was born to Parents on October 3, 2022. “On June 3, 2023, Mother was arrested and charged with Operating a Vehicle while Intoxicated (OWI) while [Child] was in the vehicle with her.” Ex. Vol. I p. 61. At the time of her arrest, Mother “had a blood alcohol content of .153%.” Ex. Vol. I p. 61. Mother had a significant criminal history and substantiated DCS history involving other children. [3] On or about June 4, 2023, DCS discovered that Mother and Child had been “‘couch-surfing’ at various homes.” Ex. Vol. I p. 61. Mother initially denied the allegation that she had been driving while intoxicated, claimed that “the law enforcement officer was lying,” and refused to cooperate with DCS. Ex. Vol. I p. 61. DCS was unable to locate Mother and Child until June 20, 2023, when Mother met a DCS representative “at the Pontiac Library” with Child, at which time “she was arrested on scene due to her outstanding warrants.” Ex. Vol. I p. 62. Child was then removed from Mother’s care. [4] On June 21, 2023, DCS petitioned to have Child adjudicated a CHINS. DCS alleged that without support and services, Mother was “unable and/or unwilling to ensure that [Child’s] needs” were being met and to provide Child with “a safe and stable home free from substance abuse and neglect.” Ex. Vol. I p. 62. DCS further alleged that Mother and Child were in need of services that were unlikely to be accepted without coercive intervention.
Court of Appeals of Indiana | Memorandum Decision 26A-JT-965 | October 16, 2026 Page 4 of 20 [5] Mother stipulated that Child was a CHINS on September 28, 2023. The juvenile court accepted the stipulation and adjudicated Child a CHINS. After a dispositional hearing, the juvenile court ordered Mother, inter alia, to refrain from all criminal activity, to maintain safe and stable housing, complete a drug- and-alcohol assessment and counseling and follow all recommendations, participate in individual counseling, refrain from use of alcohol and illegal drugs and other substance abuse, submit to random drug and alcohol screens, and attend and appropriately participate in all scheduled visits with Child. [6] Throughout the CHINS proceedings, Mother was abrasive, rude, and threatening to DCS caseworkers. Mother called DCS’s offices “incessantly” and would “berate[,] scream[, and] yell” at the DCS family case manager (“FCM”). Tr. Vol. II p. 37. Mother frequently complained that Child had been placed in “relative/kinship care” with Foster Mother and demanded that Child be removed, but “could give no valid reason as to why [Child] should be removed” from the placement. Tr. Vol. II p. 38. [7] Mother refused to provide DCS with her address and, only in August of 2025, after the CHINS case had been pending for more than two years and after Mother had been arrested again, did Mother tell FCM Elise Mandeville where she had been living. FCM Mandeville later explained that she could not say whether Mother’s housing had been “safe or suitable” because, when she had attempted to conduct home visits, Mother “would make threats to [her] and [she] didn’t feel safe going to visit the home[.]” Tr. Vol. II p. 84. Although Mother once told FCM Mandeville that she had “a full-time job[,]” Mother
Court of Appeals of Indiana | Memorandum Decision 26A-JT-965 | October 16, 2026 Page 5 of 20 refused to tell FCM Mandeville “where it was[.]” Tr. Vol. II p. 89. FCM Mandeville was never “able to confirm anything about” Mother’s finances during the CHINS case. Tr. Vol. II p. 89. [8] Mother completed a diagnostic assessment with Park Center, which made several treatment recommendations, including a psychiatric evaluation, medication management, outpatient individual therapy, substance-abuse treatment, and home-based services. Mother was also recommended to participate in an “adult daily living skills group[.]” Tr. Vol. II p. 91. Mother refused substance-abuse treatment, claiming that “she didn’t have an alcohol problem[.]” Tr. Vol. II p. 91. [9] DCS made referrals for the recommended services through Park Center, but Mother largely did not participate. When FCM Mandeville inquired as to why Mother was not participating, Mother indicated that “she didn’t want to talk about services.” Tr. Vol. II p. 92. The only service in which Mother participated was the home-based case work provided through Park Center. However, she was unable to complete that service due to her frequent incarceration. Mother also failed to complete the drug-and-alcohol and parenting assessments, despite DCS making referrals for the assessments at Park Center. Mother only submitted to “some” drug screens. Tr. Vol. II p. 93. She “missed [fifty-nine] calls” and twenty drug screens. Tr. Vol. II p. 95. Of the tests for which Mother did appear, the results were “[a]bnormal” for six tests. Ex. Vol. I pp. 192, 195–96, 199.
Court of Appeals of Indiana | Memorandum Decision 26A-JT-965 | October 16, 2026 Page 6 of 20 [10] Mother was referred to Iris for supervised visitation with Child but did not immediately set up services. Mother had her first supervised visit on March 18, 2025. Although Iris scheduled Mother for one six-hour visit with Child per week between early March and the end of May, she attended only three visits. Mother was unengaged during visits, for which she later blamed her frustration with the visit supervisor assigned to her. Iris eventually closed the referral due to Mother’s lack of participation. [11] Mother was then referred for visitation through Lifeline Youth and Family Services. Mother only attended three visits, and the referral was eventually closed due to Mother’s poor attendance. Mother subsequently informed FCM Mandeville that she had a “skills coach or home-based worker from Park Center” who would be willing to supervise visitation but, when FCM Mandeville contacted Park Center, she was informed that it did not offer supervised visitation. Tr. Vol. II p. 86. FCM Mandeville attempted to place Mother at multiple agencies for visitation services, none of whom “had availability[.]” Tr. Vol. II p. 86. Eventually, Dockside “took over visitation” but eventually “closed out[.]” Tr. Vol. II p. 86. FCM Mandeville “did a referral to Phoenix but then [Mother] was incarcerated.” Tr. Vol. II p. 86. In June of 2025, Mother informed DCS Permanency Supervisor Jill Harges that DCS “wouldn’t want [Child] to be visiting with her because she was mentally unstable.” Tr. Vol. II p. 39. [12] Also in June of 2025, Mother called and “cussed [Supervisor Harges] out” and threatened to harm her, while “complaining that she wasn’t getting visits[.]”
Court of Appeals of Indiana | Memorandum Decision 26A-JT-965 | October 16, 2026 Page 7 of 20 Tr. Vol. II p. 36. Mother demanded that visits “be supervised by a third party however she … refused to provide a name for that third party.” Tr. Vol. II p. 37. Eventually, Mother informed FCM Mandeville that she wanted an uncle to supervise a visit, but FCM Mandeville was unable to conduct a background check before the next scheduled visit, which was supposed to occur the following day. Mother later told FCM Mandeville that she had a cousin who could supervise visits, but that cousin did not respond to FCM Mandeville’s request that he complete a background check. Mother’s visitation with Child never progressed from supervised to unsupervised, and she had not seen child for about a month prior to her arrest in August of 2025. [13] In October of 2025, Mother’s parole was revoked and she was remanded to the Department of Correction after she was charged with invasion of privacy. While incarcerated, Mother participated in “Recovery While Incarcerated[,]” parenting classes, and “Alcoholics Anonymous[.]” Tr. Vol. II p. 127. [14] On October 7, 2025, DCS petitioned to terminate Mother’s parental rights to Child. The juvenile court conducted an evidentiary hearing on March 9, 2026. During the evidentiary hearing, FMC Mandeville testified and recommended that Mother’s parental rights be terminated and that Child be adopted by Foster Mother. FCM Mandeville stated that she believed termination to be in Child’s best interests because Child is “bonded to his placement[,]” “thinks that he has a brother and sister in that placement[,]” and “thinks [Foster Mother] is his mom.” Tr. Vol. II p. 105. FCM Mandeville explained that Child has resided in Foster Mother’s home for “most of his life.” Tr. Vol. II p. 105.
Court of Appeals of Indiana | Memorandum Decision 26A-JT-965 | October 16, 2026 Page 8 of 20 [15] Guardian ad Litem (“GAL”) Thomas Allen also recommended the termination of Mother’s parental rights to Child. While GAL Allen acknowledged that Mother had completed some services while incarcerated, he testified that he had not seen any evidence demonstrating that she had benefitted from them. GAL Allen testified that he did not believe that Mother had resolved her problems with alcohol abuse or that she could provide Child with permanency as a sober caregiver. [16] On March 13, 2026, the juvenile court issued an order terminating Mother’s parental rights to Child. In its order, the juvenile court found that Child had been removed from Mother’s care for at least fifteen of the most recent twenty- two months, Mother had been uncooperative with services and belligerent to work with, Mother had failed to successfully complete the court-ordered services aimed at remedying the reasons for Child’s removal from her care and reunification, termination of Mother’s parental rights is in Child’s best interests, and DCS has a satisfactory plan for Child’s care, i.e., adoption by Child’s current placement. Discussion and Decision [17] “The Fourteenth Amendment to the United States Constitution protects the traditional right of parents to establish a home and raise their children.” Bester v. Lake Cnty. Off. of Fam. & Child., 839 N.E.2d 143, 147 (Ind. 2005). Although parental rights are of a constitutional dimension, the law allows for the termination of those rights when parents are unable or unwilling to meet their
Court of Appeals of Indiana | Memorandum Decision 26A-JT-965 | October 16, 2026 Page 9 of 20 parental responsibilities. In re T.F., 743 N.E.2d 766, 773 (Ind. Ct. App. 2001), trans. denied. Parental rights, therefore, are not absolute and must be subordinated to the best interests of the child. Id. Termination of parental rights is proper where the child’s emotional and physical development is threatened. Id. The juvenile court need not wait until the child is irreversibly harmed such that their physical, mental, and social development is permanently impaired before terminating the parent-child relationship. Id. [18] In reviewing termination proceedings on appeal, we will not reweigh the evidence or assess the credibility of the witnesses. In re Involuntary Term. of Parental Rights of S.P.H., 806 N.E.2d 874, 879 (Ind. Ct. App. 2004). We only consider the evidence that supports the juvenile court’s decision and reasonable inferences drawn therefrom. Id. Where, as here, the juvenile court includes findings of fact and conclusions thereon in its order terminating parental rights, our standard of review is two-tiered. Id. First, we must determine whether the evidence supports the findings and, second, whether the findings support the legal conclusions. Id. [19] In deference to the juvenile court’s unique position to assess the evidence, we set aside the juvenile court’s findings and judgment terminating a parent-child relationship only if they are clearly erroneous. Id. “A finding of fact is clearly erroneous when there are no facts or inferences drawn therefrom to support it.” Id. A judgment is clearly erroneous only if the legal conclusions made by the juvenile court are not supported by its findings of fact, or the conclusions do not support the judgment. Id.
Court of Appeals of Indiana | Memorandum Decision 26A-JT-965 | October 16, 2026 Page 10 of 20 [20] In order to terminate a parent’s parental rights to a child, DCS must prove that there is a satisfactory plan for care and treatment of the child and that termination of the parent-child relationship is in the child’s best interests. Ind. Code § 31-35-2-4(c)(2)–(3).2 Of relevance to this case, Indiana Code section 31- 35-2-4(c)(1) further provides that DCS must also prove one or more of the following: (2) That: (A) the child has been removed from the parent and has been under the supervision of a local office or probation department for at least fifteen (15) months of the most recent twenty-two (22) months, beginning with the date the child is removed from the home as a result of the child being alleged to be a child in need of services or a delinquent child; and (B) despite the department’s reasonable efforts to preserve and reunify the child’s family under [Indiana Code section] 31-34-21-5.5, the parent has been unable to remedy the circumstances that resulted in the child being placed in care outside the parent’s home. (3) That 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. (4) That there is a reasonable probability that the continuation of 2 Indiana Code section 31-35-2-4 was amended effective March 11, 2024, and again effective July 1, 2025. DCS filed its petition to terminate Mother’s parental rights to Child on October 9, 2025. Although Mother cites a prior version of the statute in her appellate brief, we apply the version of the statute in effect at the time DCS petitioned to terminate her parental rights.
Court of Appeals of Indiana | Memorandum Decision 26A-JT-965 | October 16, 2026 Page 11 of 20 the parent-child relationship poses a threat to the well-being, safety, physical health, or life of the child. Ind. Code § 31-35-2-4(d). Mother challenges the sufficiency of the evidence to support the termination of her parental rights, arguing that DCS failed to prove one of the alleged factors set forth in Indiana Code section 31-35-2-4(d) and that termination of the parental relationship was in Child’s best interests. I. The Evidence is Sufficient to Satisfy Indiana Code section 31-35-2-4(c)(1). [21] In this case, DCS alleged that termination of Mother’s parental rights was warranted under subsections (d)(2), (d)(3), and (d)(4). Indiana Code section 31- 35-2-4(c)(1) explicitly provides that DCS must prove “one (1) or more of the circumstances described in subsection (d)[.]” (Emphasis added). Thus, DCS was only required to prove one of the circumstances listed in subsection (d) in support of its petition to terminate Mother’s parental rights to Child. See generally In re C.C., 788 N.E.2d 847, 854 (Ind. Ct. App. 2003) (addressing the prior version of the statute and explaining that because Indiana Code section 31-35-2-4(b)(2)(B) had used the word “or” and had therefore been written in the disjunctive, the juvenile court had only been required to find that one prong of subsection (B) had been proven by clear and convincing evidence), trans. denied. [22] As it relates to subsection (d), the juvenile court found that it was established by clear and convincing evidence that
Court of Appeals of Indiana | Memorandum Decision 26A-JT-965 | October 16, 2026 Page 12 of 20 i. [Child] has been removed from Mother and under the supervision of the local [DCS] office for a least fifteen (15) months the most recent twenty-two (22) months. See Order on Initial Hearing and Detention dated June 22, 2023 in Cause Number 02D08-2306-JC-000186. ii. [Mother] has been uncooperative with services and belligerent to work with, and therefore, she has not completed services ordered and provided. iii. By her own admission, [Mother] believes she has some mental health issues. iv. And, for all of these reasons, [C]hild has been out of the home for a significant length of time … at least fifteen (15) months the most recent twenty-two (22) months. Appellant’s App. Vol. II p. 4. Mother does not challenge the juvenile court’s determination that, at the time of the evidentiary hearing, Child had been removed from her care, and under DCS supervision, for at least fifteen of the most recent twenty-two months so we accept this fact as true. See Madlem v. Arko, 592 N.E.2d 686, 687 (Ind. 1992) (providing that unchallenged findings must be accepted as correct). Mother merely asserts that DCS failed to prove that it had made reasonable efforts toward reunification. We disagree. [23] The Indiana Supreme Court has held that when seeking to terminate a parent’s parental rights, DCS is not required “to plead and prove that services have been offered to the parent to assist in fulfilling parental obligations[.]” S.E.S. v. Grant Cnty. Dept. of Welfare, 594 N.E.2d 447, 448 (Ind. 1992).
Court of Appeals of Indiana | Memorandum Decision 26A-JT-965 | October 16, 2026 Page 13 of 20 Likewise, we have stated on several occasions that, although the DCS is generally required to make reasonable efforts to preserve and reunify families during the CHINS proceedings, that requirement under our CHINS statutes is not a requisite element of our parental rights termination statute, and a failure to provide services does not serve as a basis on which to directly attack a termination order as contrary to law. In re J.W., Jr., 27 N.E.3d 1185, 1190 (Ind. Ct. App. 2015) (internal brackets, citations, and quotation omitted), trans. denied; see also In re T.W., 135 N.E.3d 607, 612 (Ind. Ct. App. 2019) (“[I]t has been established that DCS is not required to provide parents with services prior to seeking termination of the parent-child relationship.”), trans. denied. “In determining the extent to which reasonable efforts to reunify or preserve a family are appropriate under this chapter, the child’s health, welfare, and safety are of paramount concern.” Ind. Code § 31-34-21-5.5(a). “What constitutes ‘reasonable efforts’ will vary by case, and as noted above, it does not necessarily always mean that services must be provided to the parents.” In re T.W., 135 N.E.3d at 615. [24] Mother claims that DCS failed to provide her with “any services pertaining to alcohol addiction while she was out of incarceration” despite the “precipitating cause of the underlying CHINS case” being her “2023 OWI.” Appellant’s Br. p. 18. In its dispositional order, the juvenile court ordered Mother to complete a drug-and-alcohol assessment and follow all recommendations; enroll in drug- and-alcohol counseling, attend all sessions, and successfully complete the counseling program; refrain from use of alcohol, illegal drugs, and other substance abuse; and submit to random urinalysis testing, drug screens, and/or
Court of Appeals of Indiana | Memorandum Decision 26A-JT-965 | October 16, 2026 Page 14 of 20 oral swabs. FCM Mandeville testified that Mother refused to complete the ordered substance-abuse treatment and claimed that “she didn’t have an alcohol problem[.]” Tr. Vol. II p. 91. In addition, despite DCS making referrals for a drug-and-alcohol assessment and drug-and-alcohol counseling through Park Center, Mother failed to complete either. Mother also missed twenty drug/alcohol screens. Contrary to Mother’s claim, the record reveals that DCS did, in fact, offer her services relating to her alcohol abuse, but that she either refused or failed to engage in and complete the services. [25] Mother also claims that DCS had made a “bouncing referral” for her visitation with Child, which Mother asserts “is not the architecture of a reasonable-efforts plan[,]” and her incarceration interrupted her participation in services as DCS’s referrals were inaccessible to her while she was incarcerated. Appellant’s Br. p. 19. With regard to the agency overseeing her visitation with Child allegedly “bouncing” around, the record reveals that Mother was initially referred for visitation through Iris but that the referral was “closed because of noncompliance [after Mother] missed too many visits.” Tr. Vol. II p. 86. Visitation was then referred through Lifeline, but that Lifeline closed out the referral due to Mother’s participation being “so sporadic[.]” Tr. Vol. II p. 86. FCM Mandeville had attempted to refer visitation through Park Center only to learn “that Park Center doesn’t do visitation[.]” Tr. Vol. II p. 86. FCM Mandeville had then referred visitation through Dockside and, after Dockside closed out services, through Phoenix, by which time Mother was once again incarcerated. The record reveals that the so-called “bouncing” nature of
Court of Appeals of Indiana | Memorandum Decision 26A-JT-965 | October 16, 2026 Page 15 of 20 Mother’s visitation services with Child was entirely due to Mother’s inconsistent participation, not any act by DCS. [26] Additionally, Mother demonstrated an unwillingness to participate in services during periods when she was not incarcerated. While her incarceration may have interrupted some services, Mother had demonstrated a pattern of inconsistent participation with services prior to said incarceration. When FCM Mandeville attempted to discern why Mother was not participating in services, Mother responded that “she didn’t want to talk about services.” Tr. Vol. II p. 92. Based on the evidence before the juvenile court, we cannot say that DCS failed to make reasonable efforts towards reunification.3 Mother’s claim to the contrary effectively amounts to a request that we reweigh the evidence, which we will not do. See In re S.P.H., 806 N.E.2d at 879. II. The Evidence is Sufficient to Satisfy Indiana Code section 31-35-2-4(c)(3) [27] We are mindful that in considering whether termination of parental rights is in the best interests of the child, the juvenile court is required to look beyond the factors identified by DCS and look to the totality of the evidence. McBride v. Monroe Cnty. Off. of Fam. & Child., 798 N.E.2d 185, 203 (Ind. Ct. App. 2003). In 3 While the juvenile court did not make specific findings regarding subsection (3) or (4), FCM Mandeville opined that given Mother’s lack of participation in services and lack of progress towards reunification, there was a “pretty good” probability that the conditions that resulted in Child’s removal from Mother’s care would not be remedied and that continuation of the parent-child relationship would pose a threat to Child. Tr. Vol. II p. 105.
Court of Appeals of Indiana | Memorandum Decision 26A-JT-965 | October 16, 2026 Page 16 of 20 doing so, the juvenile court must subordinate the interests of the parents to those of the children involved. Id. “A parent’s historical inability to provide a suitable environment along with the parent’s current inability to do the same supports a finding that termination of parental rights is in the best interests of the children.” Lang v. Starke Cnty. Off. of Fam. & Child., 861 N.E.2d 366, 373 (Ind. Ct. App. 2007), trans. denied. The [juvenile] court need not wait until the child is irreversibly harmed such that her physical, mental, and social development is permanently impaired before terminating the parent-child relationship. Additionally, a child’s need for permanency is an important consideration in determining the best interests of a child, and the testimony of the service providers may support a finding that termination is in the child’s best interests. In re A.K., 924 N.E.2d 212, 224 (Ind. Ct. App. 2010) (internal citations omitted). [28] We have previously concluded that the testimony of a case worker and child’s advocate can support a best-interests finding. See Lang, 861 N.E.2d at 374 (providing that the testimony of the case worker, GAL, or a court appointed special advocate regarding the children’s best interests supports a finding that termination is in the children’s best interests). In this case, both FCM Mandeville and GAL Allen opined that termination of Mother’s parental rights was in Child’s best interests. [29] FCM Mandeville stated that Mother had not demonstrated an ability to benefit from services as she had failed to participate in services when not incarcerated,
Court of Appeals of Indiana | Memorandum Decision 26A-JT-965 | October 16, 2026 Page 17 of 20 continued to test positive for substances, and “continued to be incarcerated and arrested for different crimes.” Tr. Vol. II p. 104. FCM Mandeville testified that Child is “bonded to his placement … [w]here he’s been most of his life” and his placement is willing to adopt him. Tr. Vol. II p. 105. [30] GAL Allen testified that DCS had been unable to verify that Mother has a safe and stable home because, when not incarcerated, Mother has refused to “let DCS review the home and make sure it’s appropriate so it’s kind of a negative inference of we can’t see the house I can’t assume that it’s appropriate[.]” Tr. Vol. II p. 134. In addition, over the course of thirty-three months, Mother had often “been incarcerated for different offenses.” Tr. Vol. II p. 134. GAL Allen testified that he had seen “no evidence that she’s benefitted from services[,]” noting that it was “on [Mother] because if you get incarcerated you can’t do the services but even when she was out she didn’t follow through with the Parent Participation Plan that would have substantially helped her[.]” Tr. Vol. II pp. 134–35. GAL Allen additionally noted Mother’s failure to participate in alcohol-related services when not incarcerated but noted that while he did appreciate that she did services while she was in prison I think that’s helpful and I appreciate that she has done AA and I think that’s helpful but I am a Doubting Thomas and until somebody is out and has free will and can’t be incarcerated or just going out and having a drink you know it’s not going to be a violation of probation … we don’t know if she’s going to stay sober or not and her testimony as to my questions was—was very troubling and she seems to not recognize that if you’re an alcoholic you’re and alcoholic forever and you’re probably going to involved in
Court of Appeals of Indiana | Memorandum Decision 26A-JT-965 | October 16, 2026 Page 18 of 20 some sort of services whether it be AA or some other program to give you support during that process[.] Tr. Vol. II p. 135. GAL Allen also found troubling that over the course of thirty-three months, Mother had visited with Child for only “approximately 16 hours[,]” leaving GAL Allen concerned that Mother does not have a relationship with Child “anymore[.]” Tr. Vol. II p. 135. [31] Finally, GAL Allen opined that Child requires permanency. “[A] child’s need for permanency is an important consideration in determining the best interests of a child[.]” In re A.K., 924 N.E.2d at 224. GAL Allen indicated that he cannot simply “assume [Mother] can be sober[,]” noting that she would have to demonstrate “that she is sober” and an appropriate caregiver before Child could be returned to her care. Tr. Vol. II p. 135. GAL Allen opined that “we’re probably looking at somewhere around [forty] months before she could ever think about having that child back in her home” and that given that Child is very young child and the only family he know is the one he has now and as such I—I think it’s—it’s his right to have permanency and he doesn’t have a relationship with—with mom and I can’t see one being developed as thoroughly as the relationship she [sic] has now with current placement over the next six months[.] Tr. Vol. II pp. 135–36 (first set of brackets in original, second set added). [32] In addition to FCM Mandeville’s and GAL Allen’s testimony, the evidence establishes that Mother has been incarcerated for most of Child’s life and has
Court of Appeals of Indiana | Memorandum Decision 26A-JT-965 | October 16, 2026 Page 19 of 20 had minimal contact with Child. In addition, Mother has failed to demonstrate a willingness to receive alcohol-related treatment when not incarcerated. DCS has been unable to confirm that Mother has safe and stable housing. FCM Mandeville testified that she did “not know that [Mother’s] housing is safe or suitable[,]” noting that she “would try to schedule with [Mother] to go see it and then she would make threats to me and I didn’t feel safe going to visit the home usually.” Tr. Vol. II p. 84. Mother has also established a pattern of being rude and belligerent with case workers and unwilling to participate in services. The record establishes that despite being offered numerous services aimed at reunification, Mother has not made meaningful progress towards such. [33] In light of Child’s need for permanency, the opinions of FCM Mandeville and GAL Allen, and the evidence that Mother has failed to make meaningful progress towards reunification, we conclude that the evidence is sufficient to sustain the juvenile court’s determination that the termination of Mother’s parental rights was in Child’s best interests. Once again, Mother’s claim to the contrary is nothing more than a request that we reweigh the evidence, which again, we will not do. See In re S.P.H., 806 N.E.2d at 879. [34] The judgment of the juvenile court is affirmed. Bailey, J., and Altice, J., concur. ATTORNEY FOR APPELLANT Jon J. Olinger Fort Wayne, Indiana
Court of Appeals of Indiana | Memorandum Decision 26A-JT-965 | October 16, 2026 Page 20 of 20 ATTORNEYS FOR APPELLEE Theodore E. Rokita Indiana Attorney General Evan Matthew Comer Supervising Deputy Attorney General Indianapolis, Indiana
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