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In re Guardianship of I.R.

Court of Appeals of Indiana

May 30, 2017

In the Matter of the Guardianship of I.R., M.P. and D.P., Appellants-Respondents,
v.
M.M.J.S., Appellee-Petitioner.

         Appeal 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, Indiana

          KIRSCH, JUDGE.

         [¶1] 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.

         [¶2] We affirm.

         Facts and Procedural History

         [¶3] 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 as follows:

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 this Court;
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. ...


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