26A-JT-01343•Termination: Z U v. Indiana Department of Child Services
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Court of Appeals of Indiana | Memorandum Decision 26A-JT-1343 | October 20, 2026 Page 1 of 14 Pursuant to Indiana 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 Appellate Rule 65(D), this Memorandum Decision is not binding precedent for any court and may be cited only for persuasive value or to establish res judicata, collateral estoppel, or law of the case.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 the Matter of the Termination of the Parent-Child Relationship of E.U., G.U., Ka.U., Ke.U., M.U., Ma.U., and S.U. (Minor Children); Z.U. (Mother), Appellant-Respondent v. Indiana Department of Child Services, Appellee-Petitioner October 20, 2026 Court of Appeals Case No. 26A-JT-1343 Appeal from the Wayne Superior Court The Honorable Darrin M. Dolehanty, Senior Judge
Court of Appeals of Indiana | Memorandum Decision 26A-JT-1343 | October 20, 2026 Page 2 of 14 Trial Court Cause Nos. 89D03-2601-JT-1 89D03-2601-JT-2 89D03-2601-JT-3 89D03-2601-JT-4 89D03-2601-JT-5 89D03-2601-JT-6 89D03-2601-JT-7 Memorandum Decision by Chief Judge Tavitas Judges May and Vaidik concur. Tavitas, Chief Judge. Case Summary [1] Z.U. (“Mother”) appeals the trial court’s termination of her parental rights to her seven children. We affirm. Issue [2] Mother raises one issue, which we restate as whether Mother’s due process rights were violated by the failure to provide therapeutic parenting education services. Facts [3] Mother and C.U. (“Father”) (collectively, “Parents”) had seven children. In January 2022, the five oldest children—G.U., born in October 2014; S.U., born in July 2015; M.U., born in May 2016; Ka.U., born in April 2020; and Ma.U., born in July 2021—were removed from Parents’ care. The Department of
Court of Appeals of Indiana | Memorandum Decision 26A-JT-1343 | October 20, 2026 Page 3 of 14 Child Services (“DCS”) filed a petition alleging that the children were children in need of services (“CHINS”). At that time, Parents’ trailer had no heat, working utilities, or food. DCS observed that the furniture was inappropriate for the children, and unsecured firearms were on a mattress and were accessible to the children. The floors had several holes and soft spots. Although the outside temperature was nineteen degrees, some of the children were not wearing shoes, and Ma.U. was dressed in a onesie. The children were dirty; Ka.U. had fluid dripping from his ear; G.U., M.U., and S.U. did not communicate well and had developmental delays; and Ma.U. was very stiff and unable to hold herself up. Although S.U. is hearing impaired, Parents did not know where her hearing aids were located, and they did not provide them to DCS until several weeks later. Parents denied DCS follow-up visits to their residence after the children were removed. [4] After a fact-finding hearing, the trial court found the children to be CHINS on May 12, 2022. The trial court found, in part, that Mother had a history of mental health issues; the children had significant medical and educational needs that were not being met; and the school-aged children had significant unexcused absences. The trial court found that, when they did attend school, the children were unkempt, dirty, wore dirty clothing that did not fit properly, and lacked clothing appropriate for the weather. Each of the children required services for behavioral and medical issues. When S.U. attended an appointment to obtain new hearing aids, a foreign object was discovered in her
Court of Appeals of Indiana | Memorandum Decision 26A-JT-1343 | October 20, 2026 Page 4 of 14 ear, which required surgery to remove. Parents did not attend the surgery despite notice. [5] The trial court ordered Mother, in part, to complete a parenting assessment and successfully complete all recommendations; participate in case management services and follow all recommendations; attend visitations with the children; meet her own medical and mental health needs, including taking appropriate medications; and complete a psychological assessment and follow all treatment recommendations.1 [6] E.U. was born on November 3, 2022, and initially required feeding through a tube. Mother did not seek prenatal care until August 2022; Mother had been diagnosed with major depressive disorder, borderline personality disorder, and PTSD; and Mother was not participating in court-ordered individual therapy. Additionally, Mother was not taking her mental health medication or insulin. [7] On November 8, 2022, DCS filed a petition alleging that E.U. was also a CHINS. In removing E.U. from Parents’ care, the trial court noted that Parents had been “the subjects of forty (40) reports to the DCS Central Intake Unit, which resulted in twenty-four (24) assessments.”2 Ex. Vol. I p. 110. On November 30, 2022, the trial court adjudicated E.U. a CHINS following 1 Parents appealed the CHINS determination, and this Court affirmed. See In re K.U., No. 22A-JC-1502 (Ind. Ct. App. Nov. 17, 2022) (mem.). 2 The family was previously involved in an informal adjustment in 2019-2020, and a CHINS petition was filed in 2020, which was later converted to an informal adjustment. The informal adjustment was discharged in March 2021.
Court of Appeals of Indiana | Memorandum Decision 26A-JT-1343 | October 20, 2026 Page 5 of 14 Parents’ admissions. In the dispositional order, the trial court ordered Mother, in part, to complete a parenting assessment and follow all recommendations; complete a medical evaluation and participate in recommended medication management; attend all scheduled medical and mental health appointments; attend visitations with the children; and participate in case management services. [8] Between the children’s removal in January 2022 through May 2023, Parents failed to comply with the dispositional orders. In the summer of 2023, however, Parents began to comply with the recommended services. In August 2023, G.U., S.U., and M.U. were returned to Parents’ care for trial home visits. In November 2023, Ka.U. and Ma.U. were also returned to Parents’ care on trial home visits. The trial home visits, however, did not go well. [9] The teachers of the school-aged children noted that the children never completed their homework and came to school disheveled, dirty, and hungry. Mother rarely attended the school case conferences but, when she did attend, she was rude, disrespectful, and defensive. S.U.’s medical needs were not being met by Parents. S.U. rarely came to school with her hearing aids or glasses, and Mother blamed S.U. for the missing items. The teachers often provided the children with appropriate clothing, helped the children with their hair, and addressed hygiene issues. [10] The trial home visits ended unsuccessfully on February 12, 2024. The trial court found that “[e]ducational neglect, medical neglect, and failure to provide
Court of Appeals of Indiana | Memorandum Decision 26A-JT-1343 | October 20, 2026 Page 6 of 14 clothing” persisted while in Parents’ care. Ex. Vol. I p. 247. The trial court found that Parents’ inability to provide care and supervision of the children seriously impaired or endangered the children. [11] Following the failed trial home visits, DCS put the following services in place for Parents: individual therapy, case management, a visitation supervisor, parenting education, a parenting assessment, and a psychological evaluation. Mother completed a psychological evaluation with Dr. Daniel Westmoreland. The evaluation revealed that: (1) Mother has “borderline intellectual ability” with an IQ of 75; (2) Mother “will have difficulty understanding concepts of anything beyond a fifth-grade level”; (3) neuropsychological testing demonstrated that Mother has memory issues; and (4) Mother’s “lack of insight could impact [her] ability to parent.”3 Ex. Vol. II p. 110. Dr. Westmoreland recommended that Mother see a neurologist to address her seizures and memory issues. [12] “[T]herapeutic parenting education, in addition to the supervised visitation” was also recommended.4 Tr. Vol. III p. 21. During her testimony, Family Case Manager (“FCM”) Whitney Vickers, however, agreed that “[t]here’s no such thing” as a “therapeutic parenting education” provider. Id. at 23. DCS, 3 The report was not admitted into evidence during the termination of parental rights proceedings. Findings regarding the report were entered in the order finding that Ke.U. was a CHINS. See Ex. Vol. II pp. 108-12. 4 FCM Vickers testified that therapeutic parenting education was recommended by the parenting assessment. Tr. Vol. III p. 21. She also testified that a therapeutic visitation provider was recommended by Dr. Westmoreland. Id. at 23.
Court of Appeals of Indiana | Memorandum Decision 26A-JT-1343 | October 20, 2026 Page 7 of 14 instead, offered the services of a parenting education provider and a therapeutic visitation provider. [13] Parents separated in August 2024, and Parents’ seventh child, Ke.U., was born in September 2024. Ke.U. also had significant medical needs, was monitored for seizure-like activity, spent a few weeks in the NICU, and required a feeding tube. DCS filed a petition alleging that Ke.U. was a CHINS. After a fact- finding hearing, the trial court granted DCS’s petition on February 13, 2025. The trial court entered a dispositional order similar to the dispositional orders for the other children. [14] In general, during visits with the children, Parents often “bicker[ed]” with each other. Tr. Vol. II p. 135. In March 2025, visits with the children were “paused” because the “visits became destructive.” Id. at 48, 133. Parents had gotten into an argument with the visit supervisor. Although Parents were expected to provide supplies for the visits, such as diapers, Parents argued that the foster parents should provide the items. The older children intervened and made comments supporting the foster parents. The argument “escalated” and “got loud,” and the children “were very upset” about the incident. Id. at 134. G.U. and M.U. refused to attend further visits with Mother and “wanted nothing to do with [Mother].” Id. at 48. Mother attended visits with the other children consistently through August 2025, but then she stopped visiting the children altogether.
Court of Appeals of Indiana | Memorandum Decision 26A-JT-1343 | October 20, 2026 Page 8 of 14 [15] DCS tried to find “therapeutic parenting time” for Mother through five different service providers, but each declined to provide the service. Ex. Vol. II p. 182. Although Firefly agreed to provide enhanced supervised parenting time, Mother refused to participate. [16] Throughout the proceedings, there were concerns about Mother’s self-harm by cutting herself and suicidal ideation. Mother stopped attending her therapy sessions in June 2025. When she stopped visiting the children, Mother claimed to be having health issues, but she never provided DCS with verification of those health issues. DCS offered transportation to accommodate her alleged medical issues, but Mother refused transportation. DCS also offered virtual visits, but Mother did not participate. [17] Eventually, Mother stopped participating in services, declined to meet with DCS employees, and refused to provide a current address. In February 2026, DCS located Mother, who was living in a two-bedroom senior citizen apartment with two roommates, which was not appropriate for the children. [18] DCS filed petitions to terminate Parents’ parental rights to the children on January 7, 2026. Father consented to the children being adopted by their foster parents. The trial court held fact-finding hearings on April 7 and 14, 2026. Mother did not appear for the April 7 hearing, but she did appear for the April 14 hearing. [19] The court appointed special advocate (“CASA”) testified that Mother struggled to “take care of her own physical and mental health needs” and was unable to
Court of Appeals of Indiana | Memorandum Decision 26A-JT-1343 | October 20, 2026 Page 9 of 14 apply what she learned during parenting services. Tr. Vol. II p. 216. According to the CASA, the children have special needs that are being addressed by foster parents, and Mother is not able to meet the children’s needs. [20] The children have numerous medical issues and have three to five medical appointments each week plus one to three monthly appointments. G.U. was diagnosed with PTSD and depression. S.U. has the genetic marker for TAOK1, a rare neurodevelopmental genetic disorder that can lead to developmental delays and autism, and LMNA, a rare genetic disorder that results in a form of lipodystrophy5, which can cause problems with the way a body stores fat. S.U. also has a hearing impairment and was diagnosed with ADHD. She receives educational services, speech therapy, occupational therapy, and regular medical appointments with specialists regarding her hearing aids. M.U. takes medication for ADHD and a mood stabilizer and receives individual therapy and speech therapy. Ka.U. also has the TAOK1 genetic marker; has been diagnosed with autism and ADHD; is taking medication for his ADHD; and receives speech therapy. Ma.U. also has the TAOK1 genetic marker; has been diagnosed with autism; is scheduled to begin ABA therapy6; and receives speech and occupational therapy. E.U. has the genetic markers for TAOK1 and LMNA; has asthma and autism; and receives 5 Lipodystrophy is “a condition that’s characterized by a complete or partial loss of and/or abnormal distribution of adipose (fat) tissue in certain areas of your body.” https://my.clevelandclinic.org/health/ diseases/23441-lipodystrophy [https://perma.cc/AQE9-PQSY] (last visited Oct. 6, 2026). 6 ABA therapy is applied behavior analysis therapy, which is a therapy for individuals with autism.
Court of Appeals of Indiana | Memorandum Decision 26A-JT-1343 | October 20, 2026 Page 10 of 14 occupational therapy. The foster parents are trying to obtain ABA therapy for E.U. as well. Ke.U. initially had a feeding tube and received occupational and physical therapy. Ke.U., however, has graduated from those services and is meeting his milestones. [21] On April 21, 2026, the trial court granted DCS’s petition to terminate Mother’s parental rights to the children. Mother now appeals. Discussion and Decision [22] On appeal, Mother only argues that her due process rights were violated by DCS’s failure to provide therapeutic parenting education services. Mother does not challenge the trial court’s specific findings of fact and conclusions thereon terminating her parental rights to the children. Accordingly, we address only Mother’s due process argument. [23] Although Mother argues the alleged lack of therapeutic parenting education services violated her due process rights, she did not raise this issue in the trial court. “[A] parent may not sit idly by without asserting a need or desire for services and then successfully argue that he was denied services to assist him with his parenting.” In re B.D.J., 728 N.E.2d 195, 201 (Ind. Ct. App. 2000). A “party on appeal may waive a constitutional claim, including a claimed violation of due process rights, by raising it for the first time on appeal.” In re N.G., 51 N.E.3d 1167, 1173 (Ind. 2016). We, therefore, conclude that Mother waived her due process argument.
Court of Appeals of Indiana | Memorandum Decision 26A-JT-1343 | October 20, 2026 Page 11 of 14 [24] Waiver notwithstanding, Mother’s argument fails. Our Supreme Court has held that, “[w]hen the State seeks to terminate the parent-child relationship, it must do so in a manner that meets the requirements of due process.” In re C.G., 954 N.E.2d 910, 917 (Ind. 2011). The process due in a termination of parental rights proceeding turns on the balancing of three factors discussed in Mathews v. Eldridge, 424 U.S. 319, 335 (1976): “(1) the private interests affected by the proceeding; (2) the risk of error created by the State’s chosen procedure; and (3) the countervailing governmental interest supporting use of the challenged procedure.” C.G., 954 N.E.2d at 917. “In balancing the three-prong Mathews test, [our Supreme Court noted] that the private interest affected by the proceeding is substantial—a parent’s interest in the care, custody, and control of her child.” Id. The Court also noted “the countervailing Mathews factor, that the State’s parens patriae interest in protecting the welfare of a child is also substantial.” Id. “Both the State and the parent have substantial interests affected by the proceeding.” Id. at 917-18. Accordingly, the outcome depends on the remaining Mathews factor—“the risk of error created by DCS’s actions and the trial court’s actions.” Id. at 918. [25] To protect a parent’s due process rights in the context of termination proceedings, “DCS must have made reasonable efforts to preserve and/or reunify the family unit in the CHINS case[.]” In re T.W., 135 N.E.3d 607, 615 (Ind. Ct. App. 2019), trans. denied. “What constitutes ‘reasonable efforts’ will vary by case, and . . . it does not necessarily always mean that services must be provided to the parents.” Id.
Court of Appeals of Indiana | Memorandum Decision 26A-JT-1343 | October 20, 2026 Page 12 of 14 [26] Here, FCM Vickers testified that, after the failed trial home visit, “therapeutic parenting education, in addition to the supervised visitation” was recommended. Tr. Vol. III p. 21. She further testified, however, that “[t]here’s no such thing” as a therapeutic parenting education provider. Id. at 23. DCS, instead, offered the services of a parenting education provider and a therapeutic visitation provider. [27] Mother argues that the absence of the intervention “actively caused the breakdown that DCS then relied on to prove termination was warranted.” Appellant’s Reply Br. p. 6. But this conclusion is simply not supported by the evidence. First, it is unclear from the record provided to us that “therapeutic parenting education” is a service that DCS can provide. The record does not indicate the specific benefit such services would provide or that a therapeutic parenting educator was, in fact, available to provide this service to Mother.7 [28] Moreover, despite the services DCS provided, Mother’s parenting skills did not improve. Although all of the children have medical and developmental needs, Mother rarely attended their appointments. Trial home visits ended unsuccessfully after Mother was completely unable to meet the children’s educational and medical needs. Mother admitted to self-harming and suicidal thoughts, and the psychological evaluation performed after the failed trial home visits revealed significant problems that impact Mother’s ability to parent the 7 Relying on materials outside the record, DCS states that therapeutic parenting education teaches caregivers how to “help children heal from past trauma and build secure attachments.” Appellee’s Br. p. 15 n.1.
Court of Appeals of Indiana | Memorandum Decision 26A-JT-1343 | October 20, 2026 Page 13 of 14 children. Mother eventually stopped visiting the children or participating in services altogether. These issues, which are unrelated to the absence of a therapeutic parenting educator, demonstrate that the service gap did not cause the termination of Mother’s parental rights. [29] Mother was provided with extensive services over a three-year period. Her participation was inconsistent, and she was unable to rectify the conditions that led to the children’s removal. Under these circumstances, the risk of error caused by DCS’s failure to provide one specific service—the therapeutic parenting education service—is minimal. Mother’s due process rights were not violated. Conclusion [30] Mother’s due process rights were not violated by DCS’s failure to provide therapeutic parenting education services. Accordingly, we affirm. [31] Affirmed. May, J., and Vaidik, J., concur. ATTORNEY FOR APPELLANT Cara Schaefer Wieneke Wieneke Law Office, LLC Brooklyn, Indiana ATTORNEYS FOR APPELLEE Theodore E. Rokita Attorney General of Indiana
Court of Appeals of Indiana | Memorandum Decision 26A-JT-1343 | October 20, 2026 Page 14 of 14 Katherine A. Cornelius Deputy Attorney General Indianapolis, Indiana
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