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J.E. v. Indiana Department of Child Services

Court of Appeals of Indiana

November 23, 2015

In the Matter of the Termination of the Parent-Child Relationship of J.E. (Minor Child), and K.E. (Father), Appellant-Respondent,
v.
The Indiana Department of Child Services, Appellee-Petitioner

          Appeal from the Marion Superior Court. The Honorable Marilyn A. Moores, Judge. The Honorable Larry E. Bradley, Magistrate. Trial Court Cause No. 49D09-1410-JT-419.

         ATTORNEY FOR APPELLANT: Amy Karozos Greenwood, Indiana.

         ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Robert J. Henke, James D. Boyer, Deputy Attorneys General, Indianapolis, Indiana.

         Crone, Judge. May, J., and Bradford, J., concur.

          OPINION

Page 1244

          Crone, Judge.

         Case Summary

         [¶1] K.E. (" Father" ) appeals a trial court order terminating his parental relationship with his one-year-old son J.E. He challenges only the trial court's denial of his motion for continuance and motion for order to transport.[1] Finding that the trial

Page 1245

court acted within its discretion in denying Father's motions, we affirm.

         Facts and Procedural History

         [¶2] In October 2013, Father was charged with class D felony synthetic identity deception in Hamilton County and released on recognizance. In December 2013, his girlfriend J.B. (" Mother" ) gave birth to his son J.E. Due to housing issues and Mother's past involvement with the Department of Child Services (" DCS" ), J.E. was removed from Mother and Father at two days old and placed in foster care. Father visited J.E. once shortly after his removal.

         [¶3] Later that same month, Father failed to appear at a pretrial hearing in his identity deception proceedings and was jailed pending trial. In March 2014, he pled guilty and was sentenced to 1095 days, with 915 of those suspended to probation. He attended a March 17, 2014 CHINS hearing in Marion County, where the trial court designated J.E. a CHINS and ordered Father to participate in home-based counseling, a father engagement program, and supervised visitation.[2] Father visited J.E. once shortly after the CHINS hearing and did not visit again.

         [¶4] In July 2014, the Hamilton County court revoked Father's probation for failure to report and remanded him to the Department of Correction (" DOC" ). Father did not complete any of his ordered services during ...


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