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

Court of Appeals of Indiana

March 12, 2014

IN THE MATTER OF THE TERMINATION OF THE PARENT-CHILD RELATIONSHIP OF: K.S. (Minor Child), and W.W. (Father), Appellants-Respondents,
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 HOWARD CIRCUIT COURT. The Honorable Lynn Murray, Judge. Cause No. 34C01-1304-JT-100.

ATTORNEY FOR APPELLANT: CHERYL A. GRIFFIN, Kokomo, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, ROBERT J. HENKE, Deputy Attorney General, CHRISTINE REDELMAN, Deputy Attorney General, Indianapolis, Indiana.

BAKER, Judge. NAJAM, J., and CRONE, J., concur.

OPINION

MEMORANDUM DECISION -- NOT FOR PUBLICATION

BAKER, Judge

In this case, W.W. (Father) was forty-nine years old and B.S. (Mother) was fifteen years old when she gave birth to their son, K.S. Because of Father's sexual relationship with Mother, he pleaded guilty to class B felony sexual misconduct with a minor and has been incarcerated for most of K.S.'s life and is not expected to be released until January 2015.

K.S. was almost immediately adjudicated a Child in Need of Services (CHINS) Eventually, K.S. was placed in foster care, and after nineteen months in foster care, Mother's and Father's (collectively, " the Parents" ) parental rights were terminated.

Father[1] now appeals the juvenile court's order terminating his parental rights to K.S. More particularly, Father argues that the Department of Child Services (DCS) failed to prove by clear and convincing evidence that the conditions that led to K.S.'s removal and continued placement outside the home will not be remedied. Father emphasizes that he has been incarcerated and has been unable to show that he can parent K.S. Concluding that the DCS presented sufficient evidence to terminate Father's parental rights, we affirm the judgment of the juvenile court.

FACTS

K.S. was born to Mother and Father on May 10, 2008. Father has seven other children -- six of whom were adjudicated CHINS with two of those cases ending in Father having his parental rights terminated. Father was not incarcerated during that time and blames the children's mothers for the CHINS adjudications and subsequent parental terminations: " I've never really had no problems. It's just like the women I've been with is where I've had the problems." Tr. p. 82.

On January 26, 2009, when K.S. was approximately eight months old, Father pleaded guilty to class B felony sexual misconduct with a minor for engaging in a sexual relationship with Mother. Father was forty-nine years old at the time while Mother was only fifteen years old. Father was sentenced to twelve years in the Department of Correction (DOC) and ordered to register as a sex offender upon his release. At the time of the ...


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