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In re Termination of Parent-Child Relationship of K.R.

Court of Appeals of Indiana

February 24, 2014

IN THE MATTER OF THE TERMINATION OF THE PARENT-CHILD RELATIONSHIP OF: K.R. (minor child); S.R. (Mother), Appellant-Respondent,
v.
THE 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 ALLEN SUPERIOR COURT. The Honorable Charles F. Pratt, Judge. Cause No. 02D08-1211-JT-130.

ATTORNEY FOR APPELLANT: MICHAEL T. DOUGLASS, Fort Wayne, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, ROBERT J. HENKE, AARON J. SPOLARICH, Office of the Indiana Attorney General Indianapolis, Indiana.

PYLE, Judge. MATHIAS, J., and BRADFORD, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

PYLE, Judge.

STATEMENT OF THE CASE

S.R. (" Mother" ) appeals the involuntary termination of her parental rights to her child, K.R.

We affirm.

ISSUE

Whether the Department of Child Services (" DCS" ) presented clear and convincing evidence to support the termination of Mother's parental rights.

FACTS

K.R. was born on January 22, 2012. At that time, Mother and K.R. tested positive for cocaine. DCS was notified and an assessor met with Mother at the hospital. Mother admitted that she had used drugs the day before K.R.'s birth. While in the hospital, staff advised Mother that she should not breastfeed K.R. because cocaine would continue to be in her system. Hospital staff found Mother attempting to breastfeed K.R. on more than one occasion. On January 26, 2012, DCS filed its verified petition alleging that K.R. was a child in need of services (" CHINS" ). On the same day, the juvenile court held an initial/detention hearing and placed K.R. in foster care.

On February 16, 2012, DCS filed an amended CHINS petition. The juvenile court conducted another initial hearing on February 21, 2012. At that time, Mother admitted that portions of the CHINS petition were true, and the court found K.R. to be a CHINS. On the same day, the court conducted a dispositional hearing and as part of the CHINS proceedings, ordered that mother seek counseling, submit to random urinalysis ...


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