In re the Termination of the Parent-Child Relationship of Bai.M. (Minor Children) and A.M. (Mother) and S.M. (Father) A.M. and S.M. 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 May 08 2019, 8:53 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

ATTORNEY FOR APPELLANT A.M. ATTORNEYS FOR APPELLEE Cara Schaefer Wieneke Curtis T. Hill, Jr. Wieneke Law Office, LLC Attorney General Brooklyn, Indiana Robert J. Henke ATTORNEY FOR APPELLANT S.M. David E. Corey Deputy Attorneys General Amy Karozos Indianapolis, Indiana Greenwood, Indiana

IN THE COURT OF APPEALS OF INDIANA

In re the Termination of the May 8, 2019 Parent-Child Relationship of Court of Appeals Case No. Bai.M., Brax.M., and Bran.M. 18A-JT-2089 (Minor Children) and A.M. Appeal from the (Mother) and S.M. (Father) Adams Circuit Court A.M. (Mother) and The Honorable S.M. (Father), Chad E. Kukelhan, Judge

Appellants-Respondents, Trial Court Cause Nos. 01C01-1801-JT-09 v. 01C01-1801-JT-14 01C01-1801-JT-15

Indiana Department of Child Services, Appellee-Petitioner

Court of Appeals of Indiana | Memorandum Decision 18A-JT-2089 | May 8, 2019 Page 1 of 19

Vaidik, Chief Judge.

Case Summary [1] S.M. (“Father”) and A.M. (“Mother”) (collectively, “Parents”) appeal the

termination of their parental rights to their three children. We affirm.

Facts and Procedural History [2] Father and Mother are the parents of Bran.M., born in 2008; Bai.M., born in

2011; and Brax.M., born in 2013 (collectively, “Children”). The facts that

follow are taken primarily from the trial court’s findings of fact, none of which

Parents challenge on appeal.1 [3] Parents first became involved with the Department of Child Services (DCS) in

2012. DCS substantiated allegations of neglect due to the condition of Parents’

house and for lack of supervision of Bran.M. and Bai.M. (Brax.M. was not born

yet). DCS entered into an informal adjustment with Parents and provided

services to help them improve the condition of their house. Bran.M. and

Bai.M. remained in Parents’ care. Then in 2013, while the informal adjustment

was ongoing, DCS substantiated another allegation of neglect for Parents’ lack

of supervision of Bran.M. and Bai.M. Parents continued receiving services, and

at some point DCS closed the case.

1 Because Parents do not challenge the trial court’s findings of fact, we accept them as true. See Maldem v. Arko, 592 N.E.2d 686, 687 (Ind. 1992).

Court of Appeals of Indiana | Memorandum Decision 18A-JT-2089 | May 8, 2019 Page 2 of 19 [4] Two years later, in June 2015, DCS received a report alleging that Children

were victims of neglect. The report alleged that the family was living in the

basement of Father’s dad’s house and the conditions of the house were

“horrid.” Tr. Vol. I p. 10. On June 16, Family Case Manager (FCM) Laurie

Hoffacker visited the house to investigate. Mother allowed FCM Hoffacker to

enter the house but cautioned that the house “was kind of messy.” Id. at 12.

When FCM Hoffacker entered the first floor of the house, she saw that there

were flies and other insects swarming around the ceiling and that the carpet was

covered in dirt. FCM Hoffacker went into the kitchen and saw that the sink

was full of dirty dishes and that there was old food in the microwave. As FCM

Hoffacker approached the stairway to the basement, where the family was

living, she noticed that the “flying insects and flies were thicker and there was a

definite odor of unclean and dog feces.” Id. When FCM Hoffacker walked

down the stairs into the basement, she saw the basement floor was covered in

“a pile of clothing, trash, that was as high as the bottom step” that continued

“throughout the rest of the basement.” Id. FCM Hoffacker also saw “dog

feces,” “eggs shells,” and “food” spread all over the basement floor. Id. When

FCM Hoffacker looked up, she saw that some of the ceiling tiles were missing

and that some “dropped down to where they appeared to be in danger of

falling.” Id. FCM Hoffacker saw that one of the ceiling tiles looked like it was

going to fall directly onto one of the children’s beds. FCM Hoffacker also

checked on Children, who were two, three, and seven years old at the time, and

observed that the “bottoms of their feet were black.” Id. at 15. At that point,

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FCM Hoffacker decided to remove Children and requested assistance from the

Decatur Police Department. [5] Officer Kevin Gerber arrived to assist FCM Hoffacker. Officer Gerber went

inside the house and saw that the basement was “covered in clothing, toys, or

trash.” Id. at 14; see also Ex. 3. Officer Gerber noticed “[f]eces on the floor in

multiple locations” and “[s]uch a high quantity of flies flying around the

basement” that he would later report, “I felt like I was breathing them in.” Ex.

3. After seeing the house, Officer Gerber contacted the Adams County Health

Department. Joe Spaulding from the health department arrived and, after

seeing the condition of the house, told Officer Gerber that the house would be

condemned. Officer Gerber spoke with Parents and explained that the house

was going to be condemned. After conferring with DCS case managers, Officer

Gerber arrested Parents for Level 6 felony neglect of a dependent. Children

were removed from Parents’ care and placed in foster care in the home of P.G.

DCS then filed petitions alleging that Children were in Need of Services

(CHINS). [6] In July, the trial court held a fact-finding hearing on the CHINS petitions, and

Parents admitted that the Children were CHINS. After the hearing, the trial

continued Children’s foster-case placement and ordered that Parents participate

in numerous services, “maintain suitable, safe, and stable housing with

adequate bedding, functional utilities, adequate supplies of food and food

preparation facilities,” and “keep the family residence in a manner that is

structurally sound, sanitary, clean, free from clutter and safe for [Children].”

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Ex. 28. Later, Parents pled guilty to Level 6 felony neglect of a dependent and

were sentenced to 545 days of probation. [7] After the house was condemned, Parents briefly stayed with a friend, then at

the Matador Inn for a month-and-a-half, and then with Mother’s relatives until

they secured their own apartment in June 2016. During that time, DCS

provided Parents with numerous services, including case-management services,

supervised visitation, psychological assessments, individual therapy, and

homemaker services to help Parents with budgeting. Through the rest of 2016

and into the beginning of 2017, the trial court held periodic review hearings and

continued to find that while Parents were “cooperating with DCS,” they had

“not enhanced [their] ability[ies] to fulfill [their] parental obligations.” Ex. 44;

see also Exs. 45-49. In September 2016, DCS began providing Parents with

Family Centered Treatment (FCT), the most intensive program available

through DCS, and, after six months of FCT, Children were returned to Parents’

care for a trial home visit in March 2017. In May, Parents’ FCT provider

reported that she believed that Parents could maintain a clean house on their

own so she discharged Parents from FCT. However, by the end of July,

Children were once again removed from Parents’ care due to unsanitary home

conditions. On July 20, Parents’ new FCM, Christina Gaspar, made an

unannounced visit to Parents’ house and found that there were items “wall to

wall on the floor,” “food on the floor where ants had gathered,” and

“cockroaches on the cabinet doors, counter, stove, floor, and inside the

refrigerator.” Ex. 55. Parents were given twenty-four hours to clean their

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house, but by the next day, although some progress was made, there were still

cockroaches throughout the kitchen. DCS made several more visits to Parents’

house but no more improvements were made. Thereafter, DCS filed a motion

for a more restrictive placement for Children. On July 31, the trial court held a

hearing on DCS’s motion and found that Parents “failed to maintain their

house in a clean and sanitary condition.” Id. After the hearing, the trial court

ordered that the trial home visit end and that Children be placed back in foster

care. [8] After Children were removed for the second time from Parents’ house, the trial

court held periodic review hearings through the remainder of 2017 and into the

beginning of 2018. Throughout these review hearings, the trial court found that

Parents “participate and complete services, but don’t benefit completely from

said services” and “have not enhanced their ability to fulfill their parental

obligations.” Ex. 59. Additionally, the trial court found that visitations were

not going well because Mother “makes comments in front of [Children]

regarding the foster parents and has cursed in front of [Children] during visits.”

Id. Likewise, the trial court found that Father must be redirected during visits

“due to comments he has made to the children.” Id. Finally, the trial court

concluded that Parents were not cooperating with DCS and that Parents “do

not follow through and maintain stability for their family.” Id. [9] In January 2018, DCS filed petitions to terminate Parents’ parental rights to

Children. In June, the trial court held a fact-finding hearing on the termination

petitions. FCM Hoffacker testified that when she was working with the family,

Court of Appeals of Indiana | Memorandum Decision 18A-JT-2089 | May 8, 2019 Page 6 of 19 DCS decided to put FCT in place “because it’s the most intensive home based program that we have available to us and it was . . . kind of a last ditch effort to work towards reunification.” Tr. Vol. I p. 20. FCM Hoffacker said that after FCT discharged Parents, no other services were recommended because Parents had to “show that they could parent on their own.” Id. at 56. FCM Gaspar testified that DCS referred Parents to case-management services and referred Mother to Park Center for medication management. Regarding Parents’ house condition, FCM Gaspar said that DCS worked with Parents in “pretty much any way we could without going in there and basically cleaning the apartment ourselves.” Id. at 74. As for Parents’ progress, Gaspar said that toward the end of her time as their FCM, Parents startied “missing visits” and “cancelling case management appointments.” Id. at 78. Parents’ current FCM, Jeff Boolman, testified and explained that DCS made the decision to remove services, such as case management, in February 2018 because Parents “had just about every service [DCS] can provide and we decided that we’ve reached a point if [Parents] were going to try to have [Children] in their home, [Parents] would have to prove that they could maintain a home that’s safe for [Children] without services being in place.” Id. at 171. FCM Boolman also said that termination of Parents’ parental rights is in Children’s best interests because Parents “are not able to be motivated to be parents to [Children] without having a service provider in their home twenty-four hours a day telling them what to do.” Id. at 195. Misty Thornburgh, Parents’ homemaking service provider, testified that she would give Parents a budget worksheet to bring back to her but

that she “never got one turned back in.” Id. at 150. After working with Parents Court of Appeals of Indiana | Memorandum Decision 18A-JT-2089 | May 8, 2019 Page 7 of 19

for about a year, Thornburgh said that Parents had made no progress “[a]s far

as the[ir] budgeting.” Id. at 154. [10] Children’s foster parent, P.G., testified that when Children were removed from

Parents’ care, Brax.M. was “almost blind in one eye. [Doctors] said he should

have had glasses a long time before we got him and . . . he ended up having

surgery on his one eye.” Id. at 112. P.G. also testified that neither Bai.M. or

Brax.M. were potty trained but that in the two years they stayed with his

family, they were both potty trained. However, after the trial home visit ended,

P.G. said that four-year-old Brax.M. came back in diapers. See id. at 122.

Bran.M.’s therapist, Riley Powell, testified that Bran.M. has a “diagnosis of

autism and oppositional defiant disorder” and that for him, structure and

consistency is very important. Id. at 96. Children’s Guardian ad litem (GAL),

Beth Webber, a licensed attorney, testified that she was concerned about

Parents missing Childrens’ medical appointments and about the cleanliness of

Parents’ house. GAL Webber also stated that she believes it is in Children’s

best interests if Parents’ parental rights are terminated. FCM Boolman and

GAL Webber testified that the plan is for Children to be adopted. See id. at 194,

219. [11] In July, the trial court issued its order, concluding: that Children had been

removed from Parents for at least six months under a dispositional decree; that

Children had been removed from Parents under the supervision of DCS for at

least fifteen of the most recent twenty-two months; that there was a reasonable

probability the conditions resulting in removal of Children from the home of

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Parents or the reasons for placement of Children outside the home of Parents

would not be remedied; that continuation of the parent-child relationships

posed a threat to the well-being of Children; that there was a satisfactory plan

for the care and treatment of Children—adoption; and that termination was in

Children’s best interests. The trial court terminated Parents’ parental rights. [12] Father and Mother separately appeal.

Discussion and Decision [13] Parents’ briefs touch on several different topics, and we consolidate their

arguments and address them as one where possible.

I. Parents’ Due Process [14] First, Parents argue that DCS failed to provide services or failed to provide the

right services and that this violated their due-process rights. Specifically,

Mother alleges that “the recommended services were not the right services

needed to reunify this family,” Mother’s Reply Br. p. 8, whereas Father

contends that “he [was not] aware [of] what needed to be addressed and [was

not] provided services,” Father’s Br. p. 17. It is true that when the State seeks

to terminate the parent-child relationship, it must do so in a manner that meets

the requirements of due process. Hite v. Vanderburg Cty. Office of Family &

Children, 845 N.E.2d 175, 181 (Ind. Ct. App. 2006). However, DCS points out

that Parents did not raise their due-process claims before the trial court and

asserts that Parents’ arguments are therefore waived. Because Parents do not

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deny that they failed to make their due-process claims in the trial court, we

agree with DCS that they are waived. See id. at 180 (“It is well established that

we may consider a party’s constitutional claim waived when it is raised for the

first time on appeal.”). [15] Waiver notwithstanding, Parents have not convinced us that they were

deprived of due process. Determining what process is due involves the

balancing of three factors: (1) the private interests affected by the proceeding;

(2) the risk of error created by the State’s chosen procedure; and (3) the

countervailing government interest supporting use of the challenged procedure.

Id. In addition, procedural irregularities in a CHINS proceeding may be of

such import that they deprive a parent of procedural due process with respect to

the termination of his or her parental rights. In re C.M.S.T., 111 N.E.3d 207,

212 (Ind. Ct. App. 2018). However, the “failure to provide services does not

serve as a basis on which to directly attack a termination order as contrary to

law.” In re H.L., 915 N.E.2d 145, 148 n.3 (Ind. Ct. App. 2009); see also In re

E.E., 736 N.E.2d 791, 796 (Ind. Ct. App. 2000) (“[T]he provision of family

services is not a requisite element of our parental rights termination statute, and

thus, even a complete failure to provide services would not serve to negate a

necessary element of the termination statute and require reversal.”).

Furthermore, parents may not sit idly by without asserting a need or desire for

services and then successfully argue that they were denied services to assist

them with their parenting. In re B.D.J., 728 N.E.2d 195, 201 (Ind. Ct. App.

2000).

Court of Appeals of Indiana | Memorandum Decision 18A-JT-2089 | May 8, 2019 Page 10 of 19 [16] Here, Parents were offered a vast array of services, including: psychological

assessments, parenting assessments, case-management services, individual

counseling, homemaker services, supervised visitation, and family-centered

treatment, the most intensive program available to DCS. Nonetheless, multiple

service providers and FCMs testified that Parents were unable to benefit from

any of the services provided by DCS. In fact, when Children were returned to

Parents’ care for a trial home visit, the condition of Parents’ house began to

deteriorate just as it had done twice before. Finally, regarding Mother’s

arguments as to what DCS “could have” done, see Mother’s Br. pp. 32-33, we

have previously held that if a parent feels the services are inadequate to

facilitate the changes required for reunification, it is the parent’s responsibility

to request additional services or assistance from the court or DCS, see Prince v.

Dep’t of Child Servs., 861 N.E.2d 1223, 1231 (Ind. Ct. App. 2007). In this case,

Parents did not do so. [17] In support of her due-process argument, Mother cites several passages from a

report issued by the Child Welfare Policy and Practice Group (CWG). In

January 2018, Indiana Governor Eric Holcomb asked CWG to assess the

Indiana Department of Child Services. In June 2018, CWG issued a report

making numerous findings regarding DCS. Mother acknowledges that she did

not present this information to the trial court but asks us to take judicial notice

of it on appeal pursuant to Indiana Evidence Rule 201(d). Indiana Evidence

Rule 201(d) provides that judicial notice may be taken at any stage of the

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proceeding, which includes appeals. Banks v. Banks, 980 N.E.2d 423, 426 (Ind.

Ct. App. 2012), trans. denied. [18] Some of the findings she cites could be considered “facts” and therefore are

capable of being judicially noticed. For example, she states that CWG found

that “while neighboring states experienced significant reductions in children

being placed outside the home, during that same time period Indiana

experienced an enormous increase in DCS placements of children outside the

home.” Mother’s Br. p. 23 (citing The Child Welfare Policy and Practice

Group, Evaluation of the Indiana Department of Child Services, June 18, 2018, found

at http://www.in.gov/dcs/files/IndianaEvaluationReportCWGFinal.pdf (last

visited Apr. 23, 2019)). Mother also asks us to take judicial notice of various

provisions from DCS’s Child Welfare Policy Manual. For instance, she quotes

a variety of statements from the “Values and Principles” section of DCS’s Child

Welfare Policy Manual:

• • If a child is determined to be unsafe, DCS and the family will develop a timely plan to keep the child safe, with all efforts toward services to protect the child in his or her own home.
• • Families will receive ongoing supports that will enable families to safely sustain their children in their homes.
• • Vigorous early intervention services should be offered to at-risk families to enable a child to remain safely in his or her own home.

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• • Reunification and permanency is accelerated when visitation between parents and children is frequent and in the most normalized environment possible.

Ind. Dep’t of Child Servs. Child Welfare Pol’y Manual, Ch. 1, Sec. 0,

www.in.gov/dcs/files/1.00%20Introduction.pdf (last visited Apr. 23, 2019)

(quoted in Mother’s Br. pp. 31-32). [19] The problem with Mother’s argument is that, even if we were to take judicial

notice of the statements she cites, see, e.g., In re D.H., Case No. 18A-JT-1861

(Ind. Ct. App. Feb. 1, 2019) (Petition to Transfer due May 10, 2019), Mother

does not tell us how these “facts” show a due-process violation in this case.

That is, she does not connect these “facts” to this case. As these “facts” are

meaningless in a vacuum, we see no need to take judicial notice. See Banks, 980

N.E.2d at 426 (this Court need not take judicial notice when its review of the

record “actually presented to the trial court leaves us with sufficient information

to affirm its decision”).

II. Children’s Constitutional Rights [20] Next, Mother contends that the trial court should have appointed Children their

own legal counsel (“expressed-interest advocacy” Mother’s Br. p. 34) for

purposes of the termination proceedings. Specifically, she argues that not

appointing Children their own legal counsel violates the due-process and equal-

protection clauses of the Fourteenth Amendment to the United States

Constitution as well as Article 1, Sections 12 (due course of law) and 23

(privileges and immunities) of the Indiana Constitution. She acknowledges that Court of Appeals of Indiana | Memorandum Decision 18A-JT-2089 | May 8, 2019 Page 13 of 19

she did not make this argument to the trial court but asserts that “[i]t was

fundamental error for the juvenile court to not appoint counsel to represent

[Children].” Mother’s Br. p. 34. The fundamental-error doctrine applies to

egregious trial errors. In re E.E., 853 N.E.2d 1037, 1043 (Ind. Ct. App. 2006),

trans. denied. In order for this Court to reverse based on fundamental error, the

error must have been a clearly blatant violation of basic and elementary

principles, and the harm or potential for harm therefrom must be substantial

and appear clearly and prospectively. Id. [21] At the outset, Mother recognizes that providing children “expressed-interest

advocacy” in termination proceedings “is an issue of first impression in

Indiana” Id. at 34. Indeed, there is no authority in Indiana requiring that

children be appointed their own legal counsel in termination proceedings.

Indiana Code section 31-35-2-7(a) states that if a parent objects to the

termination of the parent-child relationship, the court shall appoint a guardian

ad litem, a court-appointed special advocate, or both for the child. Here, the

trial court did exactly that and appointed GAL Webber, a licensed attorney, to

represent and protect the best interests of Children. See Ind. Code § 31-32-3-6.

Next, even if we were to hold that appointment of counsel is required, Mother

has not directed us to any evidence suggesting that the lack of counsel for

Children in this case created an unfair proceeding. Due process has never been

defined, but the phrase embodies a requirement of “fundamental fairness.” In

re C.G., 954 N.E.2d 910, 917 (Ind. 2011). Here, GAL Webber was appointed to

represent Children’s best interests, and P.G. (Children’s foster parent) and Riley

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Powell (Bran.M.’s therapist) both testified about Children’s need for structure

and consistency. As such, we do not see any error, let alone fundamental error,

in the trial court not appointing Children their own legal counsel.

III. Sufficiency [22] When reviewing the termination of parental rights, we do not reweigh the

evidence or judge witness credibility. In re K.T.K., 989 N.E.2d 1225, 1229 (Ind.

2013). Rather, we consider only the evidence and reasonable inferences that

are most favorable to the judgment of the trial court. Id. When a trial court has

entered findings of fact and conclusions, we will not set aside the trial court’s

findings or judgment unless clearly erroneous. Id. To determine whether a

judgment terminating parental rights is clearly erroneous, we review whether

the evidence supports the trial court’s findings and whether the findings support

the judgment. In re V.A., 51 N.E.3d 1140, 1143 (Ind. 2016). [23] A petition to terminate parental rights must allege, among other things:

(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 well- being of the child.

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(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. In re K.T.K., 989 N.E.2d at 1231. If the court

finds that the allegations in a petition are true, the court shall terminate the

parent-child relationship. Ind. Code § 31-35-2-8(a). [24] First, Parents argue that there is insufficient evidence to support the trial court’s

conclusion that the conditions resulting in Children’s removal will not be

remedied. In determining whether the conditions that resulted in a child’s

removal will not be remedied, the trial court engages in a two-step analysis.

First, the trial court must ascertain what conditions led to their placement and

retention in foster care. In re K.T.K., 989 N.E.2d at 1231. Second, the trial

court determines whether there is a reasonable probability that those conditions

will not be remedied. Id. “The trial court must consider a parent’s habitual

pattern of conduct to determine whether there is a substantial probability of

future neglect or deprivation.” Id. [25] Here, Parents failed to demonstrate that they were any closer to providing

Children a safe, clean home than they were at the beginning of the CHINS

case. The evidence shows that Parents were unable to benefit from services,

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some of which were very intensive, to reunite with Children and that as soon as

Children returned to Parents’ care for a trial home visit, the home’s conditions

went back to the way they were when Children were removed the first time. As

such, the trial court did not err when it concluded that there is a reasonable

probability that the conditions resulting in Children’s removal and continued

placement outside the home will not be remedied.2 [26] Next, Parents argue that the trial court erred in concluding that termination is

in Children’s best interests. To determine what is in the children’s best

interests, the trial court must look to the totality of the evidence. In re A.D.S.,

987 N.E.2d 1150, 1158 (Ind. Ct. App. 2013), trans. denied. In doing so, the trial

court must subordinate the interests of the parents to those of the children. Id.

The trial court need not wait until the children are irreversibly harmed before

terminating the parent-child relationship. Id. We have previously held that the

recommendation by both the DCS case manager and child advocate to

terminate parental rights, in addition to evidence that the conditions resulting in

removal will not be remedied, is clear and convincing evidence that termination

is in the best interests of the children. Id. at 1158-59.

2 Because we affirm the trial court’s conclusion that there is a reasonable probability that the conditions that resulted in Children’s removal will not be remedied, we do not address its alternate conclusion that there is a reasonable probability that the continuation of the parent-child relationships pose a threat to the well-being of Children. See In re A.G., 45 N.E.3d 471, 478 (Ind. Ct. App. 2015) (Indiana Code section 31-35-2-4(b)(2)(B) is written in the disjunctive and requires the trial court to find only one of the two requirements of subsection (b) has been established by clear and convincing evidence), trans. denied.

Court of Appeals of Indiana | Memorandum Decision 18A-JT-2089 | May 8, 2019 Page 17 of 19 [27] Here, in addition to Parents’ inability to maintain a clean house and safe

environment for Children that necessitated DCS involvement and their lack of

progress since then, FCM Boolman and GAL Webber testified that terminating

Parents’ parental rights would serve the best interests of Children. See Tr. pp.

195, 245. Furthermore, the trial court found that Children have been removed

from Parents’ care for nearly three years and that “they need permanency.”

Mother’s App. Vol. II p. 73. Therefore, the trial court did not err when it

determined that termination is in Children’s best interests. See also In re K.T.K.,

989 N.E.2d at 1230 (finding that “children have an interest in terminating

parental rights that prevent adoption and inhibit establishing secure, stable,

long-term, continuous relationships”). [28] Finally, Father challenges the trial court’s conclusion that there is a satisfactory

plan for Children’s care and treatment. In order for the trial court to terminate

a parent-child relationship, it must find that there is a satisfactory plan for the

care and treatment of the child. Ind. Code § 31-35-2-4(b)(2)(D). That plan need

not be detailed, so long as it offers a general sense of the direction the child will

go after the parent-child relationship is terminated. Lang v. Starke Cty. Office of

Family & Children, 861 N.E.2d 366, 374 (Ind. Ct. App. 2007), trans. denied.

Adoption is generally a satisfactory plan, even when a potential adoptive family

has not been identified. See id. at 375. Part of the reason for this is that it is

within the authority of the adoption court, not the termination court, to decide

whether an adoptive placement is appropriate. In re A.S., 17 N.E.3d 994, 1007

(Ind. Ct. App. 2014), trans. denied.

Court of Appeals of Indiana | Memorandum Decision 18A-JT-2089 | May 8, 2019 Page 18 of 19 [29] Here, DCS’s plan is adoption. FCM Boolman and GAL Webber agreed with

this plan. Father contends that because the “foster parents had not decided

whether they wanted to adopt [Children]” and “there is no guarantee that

[Children] will remain together,” adoption is not a satisfactory plan. Father’s

Br. pp. 20-21. However, adoption is not an unsatisfactory plan even if DCS has

not identified a specific family to adopt Children and even if the plan were for

Children to have separate adoptive homes. See In re A.S., 17 N.E.3d at 1007.

Accordingly, the trial court did not err in concluding that adoption is a

satisfactory plan for Children. [30] Affirmed.

Mathias, J., and Crone, J., concur.

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