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In re Involuntary Termination of the Parent-Child Relationship of N.M.

Court of Appeals of Indiana

February 11, 2014

In the Matter of the Involuntary Termination of the Parent-Child Relationship of N.M., A.M. and H.M., minor children, and J.M., Father, J.M., Appellant-Respondent,
v.
INDIANA DEPARTMENT OF CHILD SERVICES, Appellee-Petitioner

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE MADISON CIRCUIT COURT. The Honorable G. George Pancol, Judge. Cause Nos. 48C02-1302-JT-9, -10, & -11.

ATTORNEY FOR APPELLANT: MARIANNE WOOLBERT, Anderson, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; ROBERT J. HENKE, AARON J. SPOLARICH, Deputy Attorneys General, Indianapolis, Indiana.

KIRSCH, Judge. FRIEDLANDER, J., and BAILEY, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge.

J.M. (" Father" ) appeals the involuntary termination of his parental rights to his children N.M., A.M., and H.M. In so doing, Father contends that the juvenile court's order is not supported by sufficient clear and convincing evidence.

We affirm.

FACTS AND PROCEDURAL HISTORY

The facts supporting the involuntary termination of Father's parental rights to his children, N.M., who was born on September 9, 1998, A.M., who was born on October 28, 2000, and H.M., who was born on December 17, 2001, reveal that, on July 5, 2012, the Madison County Department of Child Services (" MCDCS" ) received a report that Father had been molesting N.M. since N.M. was in kindergarten. The report further stated that Father was physically abusing all three children. Father did not deny that he physically abused N.M.

N.M., A.M., and H.M. were removed from Mother's[1] and Father's home on July 6, 2012, and were placed with their maternal grandparents. The juvenile court authorized MCDCS to file petitions alleging that the children were children in need of services (" CHINS" ). MCDCS filed the CHINS petitions alleging that Mother was unable to care for the children and that Father had physically and sexually abused the children. The juvenile court conducted a detention and initial hearing, during which the juvenile court approved the continued removal of the children and placement with their maternal grandparents. At an additional hearing held on July 25, 2012, Father admitted the allegations of the CHINS petitions, and the juvenile court adjudicated the children as CHINS.

On August 29, 2012, the juvenile court held a dispositional hearing, and entered its dispositional order.[2] The dispositional order directed Father to do the following:

1) Participate in individual counseling and follow all recommendations; 2) Participate in family counseling and follow all recommendations; 3) Complete a drug/alcohol assessment and follow all recommendations; 4) Successfully complete parenting classes; 5) Complete a psychiatric evaluation and follow all recommendations; 6) Obtain and ...

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