Drugs, Substance Abuse Lead to DCS Involvement, Termination of Parental Rights

Facts

K.S. was born on November 11, 2012, to Father and C.B. (Mother). Father and Mother were not married, and Mother was the custodial parent. Prior to 2012, Father had a substance abuse problem; sometime during 2012, he was incarcerated for six months for attempted theft. After his release, he did not visit K.S., per Mother’s request. On March 4, 2015, the Department of Child Services (DCS) filed a petition alleging that K.S. was a child in need of services (CHINS) after Mother gave birth to a drug-positive baby. DCS removed K.S. from Mother’s care and placed her with a relative.

She was not placed with Father because he had recently tested positive for methamphetamine and marijuana. At the time, Father had little to no relationship with K.S. The trial court ordered that Father have supervised parenting time with K.S. On March 25, 2015, Father admitted that K.S. was a CHINS because he needed to learn how to provide K.S. with a home environment free of substance abuse issues. The trial court found a sufficient factual basis to find K.S. to be a CHINS.

A dispositional hearing took place the same day, during which the trial court ordered Father to participate in home based therapy and home based case management, complete a substance abuse assessment, submit to random drug screens, and follow all recommendations of service providers. On May 1, 2015, K.S. was placed in foster care. A review hearing took place on June 17, 2015. DCS reported that Father had completed one drug screen, which was clean, was not engaged in services, and was participating in parenting time.

K.S.’s foster mother said that K.S. exhibited negative behaviors after Father’s visits. Father stated that he missed his substance abuse assessment because of his work schedule; that he has stable housing and employment and that home based case management may not be necessary for him; and that he was willing to engage in home based therapy. Father requested unsupervised parenting time so that he could work toward a temporary trial visit for K.S. The trial court ordered that Father could have unsupervised parenting time upon completion of five consecutive clean drug
screens . . .

Read the full opinion here.

Randall Parr is an Indianapolis attorney.  If DCS or CPS is involved with your family, contact DCS defense attorney Randall Parr today.

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