In the Matter of the Guardianship of I.R., M.P. and D.P., Appellants-Respondents,
from the Delaware Circuit Court Trial Court Cause No.
18C01-1501-GU-7 The Honorable Marianne L. Vorhees, Judge
Attorneys for Appellant Shana D. Tesnar Christopher J. Evans
Adler Tesnar & Whalin Noblesville, Indiana
Attorney for Appellee Amber M. Neal Delk McNally LLP Muncie,
M.P. and D.P. (together, "Guardians") appeal the
trial court's order granting M.M.J.S.'s
("Mother") petition to terminate their guardianship
over I.R. ("Child"). Guardians raise the following
issue for our review: whether the trial court erred in
terminating their guardianship because the evidence did not
support the trial court's order.
and Procedural History
Child is the biological child of Mother and was born on March
7, 2012. In December 2014, when Child was two years old,
Mother was arrested for neglect of a dependent. At that time,
with Mother's consent, Child was placed in the care of
Guardians, who were Mother's aunt and uncle. On January
27, 2015, Guardians filed a petition for temporary
guardianship of Child, to which Mother consented, and the
petition was granted by the trial court on February 24, 2015.
On May 12, 2015, a review hearing was held, during which, the
trial court granted the Guardians permanent guardianship of
Child. In the order granting permanent guardianship, the
trial court ordered that Mother must meet certain conditions
prior to modifying or terminating the guardianship.
Appellant's App. at 26-27. These conditions were
a. Mother must show she has housing that is safe and stable
for the Child to the satisfaction of this Court;
b. Mother must show she has stable income for a reasonable
period of time to support and financially care for the Child
to the satisfaction of this Court;
c. Mother must show that she has been evaluated for substance
abuse and mental health and that she is receiving regular
treatment for the same and has a reasonable plan to continue
treatment as recommend[ed] and confirmed by the treating
professionals to the satisfaction of this Court;
d. Mother must show that she is making progress and is
healthy for a reasonable period of time, which includes a
showing that she is sober and mentally stable and not a
danger to herself or to the Child, to the satisfaction of
e. Mother must show that she is committed to staying healthy
and is able to care for and offer a stable environment for
the Child, to the satisfaction of this Court.
Id. Mother consented to the guardianship of Child
and to the conditions for modification and termination.