MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be May 28 2020, 5:50 am regarded as precedent or cited before any CLERK court except for the purpose of establishing Indiana Supreme Court Court of Appeals the defense of res judicata, collateral and Tax Court estoppel, or the law of the case. ATTORNEY FOR APPELLANT ATTORNEY FOR APPELLEE A.C. (MOTHER) Robert J. Henke Anthony C. Lawrence Deputy Attorney General Anderson, Indiana Indianapolis, Indiana ATTORNEY FOR APPELLANT M.B. (FATHER) Cara Schaefer Wieneke Wieneke Law Office, LLC Brooklyn, Indiana IN THE COURT OF APPEALS OF INDIANA In re the Termination of the May 28, 2020 Parent-Child Relationship of Court of Appeals Case No. A.B. (Minor Child) and 19A-JT-2537 A.C. (Mother) and Appeal from the Henry Circuit Court M.B. (Father), The Honorable Bob A. Witham, Appellants-Respondents, Judge v. Trial Court Cause No. 33C01-1906-JT-52 Indiana Department of Child Services, Appellee-Petitioner. Court of Appeals of Indiana | Memorandum Decision 19A-JT-2537 | May 28, 2020 Page 1 of 24 Mathias, Judge. [1] A.C. (“Mother”) and M.B. (“Father”) (collectively “the Parents”) challenge the order of the Henry Circuit Court terminating their parental rights to their minor child A.B. (“Son”). On appeal, the Parents present two arguments, which we reorder and restate as: (1) whether there was sufficient evidence to support the trial court’s termination order, and (2) whether fundamental error occurred because the Parents’ procedural and substantive due process rights were violated by the failure of the Indiana Department of Child Services (“DCS”) to provide the Parents with services. [2] We affirm. Facts and Procedural History [3] The facts favorable to the trial court’s judgment reveal that, prior to Son’s birth in 2017, both Parents had a history of drug abuse and criminal behavior. I. Mother’s History Prior to Son’s Birth [4] Mother has used illicit drugs since the age of thirteen. She has a history of DCS involvement: her two other children were removed from her care and placed with Mother’s father. Mother’s criminal history prior to Son’s birth includes the following: in May 2005, Mother was charged with dealing a schedule II controlled substance and a schedule IV controlled substance. The trial court in that case ordered Mother to be treated at a methadone clinic because she was pregnant at the time. In March 2007, Mother pleaded guilty and was sentenced Court of Appeals of Indiana | Memorandum Decision 19A-JT-2537 | May 28, 2020 Page 2 of 24 to concurrent terms of five years on both counts, with two years on home detention and three years suspended. Mother violated the terms of her probation in that case twice, resulting in her serving time in jail. In December 2014, Mother was charged with theft and ultimately pleaded guilty to Level 6 felony theft. Mother was sentenced to one year executed in community corrections. II. Father’s History Prior to Son’s Birth [5] Father too has a history of involvement with DCS with a previously born child. Father has a long history of …Original document

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