K.E. v. Ind. Dep’t of Child Servs.
Annotate this CaseThe trial court found Child was a Child in Need of Services. Because Father was incarcerated, the Indiana Department of Child Services (DCS) attempted to provide services only to Mother. Ultimately, DCS filed for termination of parental rights due to Mother’s lack of progress and Father’s inability to care for Child due to his incarceration. At the termination hearing, Father maintained that upon his release he was prepared to be a better parent and to stay drug-free. The trial court ultimately terminated both Mother and Father’s parental rights. Father appealed. The Supreme Court reversed the trial court’s order terminating Father’s parental rights, holding that there was insufficient evidence to demonstrate a reasonable probability that Father could not remedy the conditions for removal or that Father posed a threat to Child’s well-being.
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