NAJAM, Judge.
E.B. ("Mother") appeals the trial court's order in which the court determined that Mother's two minor children, Des.B. and Dem.B. ("the children"), are children in need of services ("CHINS").
We affirm.
In November of 2012, the Indiana Department of Child Services ("DCS") received a report that Mother was using drugs in and selling drugs from her Marion County home in which the children, both of whom were under the age of three at the time, resided. The DCS assigned Family Case Manager Mary Thomas ("FCM Thomas") to investigate the report. At their initial meeting, Mother told FCM Thomas that she did not use drugs and that she had violent relationships with the children's fathers. At a follow up meeting
In January of 2013, FCM Thomas attempted to follow up with Mother at her residence, but when she arrived at Mother's home "no one [was] living there." Id. at 25. FCM Thomas was later able to contact Mother, but Mother twice "declined to tell [FCM Thomas] where the children were." Id. Mother eventually brought the children to the Child Advocacy Center. On February 4, the DCS filed its petition alleging the children to be CHINS based on Mother's admitted cocaine use and her refusal to disclose the location of the children. On February 5 Mother took a drug test and tested positive for alcohol and marijuana.
On February 26, Mother agreed to undergo a substance use disorder assessment with social worker and clinical addiction counselor Tatenda A. Mandaza.
Ex. Vol. at 10, 13-14. In light of those circumstances, Mandaza made the following recommendation:
Id. at 10-11. Mandaza further concluded that Mother's substance abuse was "pathological" and diagnosed Mother with major depressive disorder, cannabis dependence, and cocaine abuse. Transcript at 31; Ex. Vol. at 15.
On March 18 and April 8, the court held a fact-finding hearing on the DCS's petition. At that hearing, Mandaza testified, and the Assessment was admitted into evidence over Mother's objection that the Assessment was hearsay and cumulative of Mandaza's testimony. Also at the hearing, John Martin of the Redwood Toxicology Laboratories in California testified, over Mother's objection, via telephone. Martin testified that he had analyzed Mother's February 5 drug test and determined that she had used alcohol and marijuana.
The DCS also called family case manager Kendra Washington ("FCM Washington") to testify. FCM Washington described Mother's relationships with the children's fathers as a "pattern of inappropriate... [and] unsafe relationships in[] the children's li[ves]" that "expos[ed] those children to violence." Transcript at 61. She further testified that Mother's plan to deal with those violent relationships was "to run away from the problem" and that "we need to address the problem." Id. And FCM Washington testified that, near the end of February 2013, Mother told her for the first time that Mother had been arrested in November 2012 for, among other things, possession of marijuana. FCM Washington stated that Mother's belated admission was "concerning" because,
Transcript at 56-57.
On April 30, the trial court entered its order adjudicating the children to be CHINS. In relevant part, the court found as follows:
Appellant's App. at 101-02. This appeal
We first consider Mother's arguments on appeal that the trial court abused its discretion in the admission of certain evidence. Our standard of review of a trial court's admission or exclusion of evidence is an abuse of discretion. Speybroeck v. State, 875 N.E.2d 813, 818 (Ind. Ct.App.2007). A trial court abuses its discretion only if its decision is clearly against the logic and effect of the facts and circumstances before the court. Id. It is well-established that "errors in the admission of evidence are to be disregarded as harmless error unless they affect the substantial rights of a party." Sibbing v. Cave, 922 N.E.2d 594, 598 (Ind.2010) (quotations omitted). To determine whether the admission of evidence affected a party's substantial rights, we assess the probable impact of the evidence upon the finder of fact. Id. "Likewise, reversible error cannot be predicated upon the erroneous admission of evidence that is merely cumulative of other evidence that has already been properly admitted." Id.
As an initial matter, Mother asserts on appeal that the trial court abused its discretion when it admitted the Assessment into evidence. In particular, Mother argues that the admission of the Assessment violated her privilege to protect confidential communications between her and her counselor. See Ind.Code § 25-23.6-6-1. But the "[f]ailure to object to the admission of evidence at trial normally results in waiver and precludes appellate review...." Konopasek v. State, 946 N.E.2d 23, 27 (Ind.2011) (quotation omitted). Further, a party "may not argue one ground for an objection to the admission of
Mother has not preserved this issue for appellate review. During the fact-finding hearing, Mother objected to the admission of the Assessment only on the grounds that the Assessment was based on hearsay and was cumulative of Mandaza's testimony. Transcript at 33-34. At no point either during Mandaza's testimony or when the DCS sought to have the Assessment admitted did Mother object on the ground that the proffered evidence was in violation of her privilege to protect confidential information. See id. at 28-36. As such, Mother has not preserved this issue for our review, and it is waived. See Konopasek, 946 N.E.2d at 27.
Mother also argues that the trial court abused its discretion when it permitted Martin to testify by telephone without following the procedure outlined in Indiana Administrative Rule 14.
Mother contends that the trial court's adjudication of the children as CHINS is clearly erroneous. Indiana Code Section 31-34-1-1 provides that a child is a child in need of services if, before the child becomes eighteen years of age: (1) the child's physical or mental condition is seriously impaired or seriously endangered as a result of the inability, refusal, or neglect of the child's parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, medical care, education, or supervision; and (2) the child needs care, treatment, or rehabilitation that: (A) the child is not receiving; and (B) is unlikely to be provided or accepted without the coercive intervention of the court. "A CHINS adjudication focuses on the condition of the child." N.L. v. Ind. Dep't of Child Servs. (In re N.E.), 919 N.E.2d 102, 105 (Ind.2010). "[A] CHINS adjudication does not establish culpability on the part of a particular parent." Id. "Said differently, the purpose of a CHINS adjudication is to protect children, not punish parents." Id. at 106.
The DCS has the burden of proving by a preponderance of the evidence
Moreover, the trial court entered findings of fact and conclusions thereon pursuant to Indiana Trial Rule 52(A). We may not set aside the findings or judgment unless they are clearly erroneous. Ind. Trial Rule 52(A); Menard Inc. v. Dage-MTI, Inc., 726 N.E.2d 1206, 1210 (Ind.2000). In our review, we first consider whether the evidence supports the factual findings. Menard, 726 N.E.2d at 1210. Second, we consider whether the findings support the judgment. Id. "Findings are clearly erroneous only when the record contains no facts to support them either directly or by inference." Quillen v. Quillen, 671 N.E.2d 98, 102 (Ind.1996). A judgment is clearly erroneous if it relies on an incorrect legal standard. Menard 726 N.E.2d at 1210. We give due regard to the trial court's ability to assess the credibility of witnesses. T.R. 52(A). While we defer substantially to findings of fact, we do not do so to conclusions of law. Menard, 726 N.E.2d at 1210. We do not reweigh the evidence; rather we consider the evidence most favorable to the judgment with all reasonable inferences drawn in favor of the judgment. Yoon v. Yoon, 711 N.E.2d 1265, 1268 (Ind.1999).
According to Mother, the DCS failed to demonstrate that her drug use presented a substantial risk of harm to the children:
Appellant's Br. at 15.
In light of the DCS's failure to connect her drug use to her children, Mother asserts that the trial court's order is contrary to this court's opinion in Perrine v. Marion County Office of Child Services, 866 N.E.2d 269 (Ind.Ct.App.2007). In Perrine, the mother was arrested as part of a routine probation sweep, which located paraphernalia commonly used for methamphetamine consumption in the bedroom of a houseguest. The mother admitted to using methamphetamine a few days prior to the probation sweep. As a result of her arrest, the DCS filed a petition alleging her fourteen-year-old daughter was a CHINS based on the mother's failure to provide her child with a safe and stable home, free from drug use and neglect. The trial court found the child to be a CHINS. In reviewing the evidence, we noted that the evidence did not support a finding that the mother used methamphetamine
The DCS asserts that Perrine is not analogous to this appeal and, instead, that we should apply In re J.L., 919 N.E.2d 561 (Ind.Ct.App.2009). In In re J.L., we distinguished Perrine and affirmed the trial court's adjudication that the child was a CHINS based on the following evidence:
919 N.E.2d at 564.
Neither Perrine nor In re J.L. is on all fours with Mother's case. Here, like Perrine but unlike In re J.L., there is no evidence that the children were "in Mother's care and custody" while she used illegal substances or was under the influence of those substances. Id. But, unlike Perrine and like In re J.L., the evidence does demonstrate that Mother was an extensive drug user. She smoked marijuana daily and used cocaine once or twice per week, at least until the DCS's involvement. She stated that she had used drugs at work for "energy" and that she had used drugs outside of work "at parties, with friends and also by herself." Ex. Vol. at 14. And following the DCS's involvement, Mother failed a drug test and pleaded guilty to possession of marijuana, which was based on an arrest that occurred shortly before the DCS's involvement. We also note that the child in Perrine was fourteen years old when her mother was arrested, and the child in In re J.L. was thirteen months old. This also makes In re J.L. more analogous to Mother's case, as here the children were each under three years old between the DCS's initial involvement and the trial court's order declaring them to be CHINS.
Although there is no evidence to suggest that Mother used drugs in the
Further, Mother's drug use was not the exclusive basis for the CHINS petition. Mother also hid the children from the DCS during the investigation and was not truthful with her case managers. She has violent relationships with the children's fathers, which FCM Washington described as a "pattern of inappropriate ... [and] unsafe relationships in[] the children's li[ves]" that "expos[ed] those children to violence." Id. at 61. These relationships were still a concern after the DCS had become involved: Mother told FCM Thomas that she intended to move to Florida to avoid her children's fathers, and FCM Washington testified that "we need to address the problem." Id. And the trial court found Mother's inability to recall specifics about one of the violent episodes "incredib[e]." Appellant's App. at 101. In light of the evidence before the trial court, Mother's case is not analogous to Perrine's "single admitted use" of drugs "outside the presence of the child[ren] and without more." See 866 N.E.2d at 277. We cannot say that the court erred when it concluded that Mother's behavior represented "a substantial risk of endangering the children." Appellant's App. at 102.
Mother also argues that the evidence shows that the DCS "failed to identify a danger to the children's physical or mental condition," Appellant's Br. at 13; that she "provided the children with a home that included all working utilities, beds with bedding, food, and clothing," id. at 14; that there was "no evidence the children were mistreated, malnourished, unhealthy, [or] abused mentally, physically, or sexually," id.; that she "took the necessary steps to protect herself and her children by avoiding any contact with their two fathers," id.; and that the DCS did not "identify any services or actions they would have preferred [Mother] do," id. at 15. But each of these assertions ignores the evidence most favorable to the trial court's judgment and, instead, amounts to a request for this court to reweigh the evidence, which we will not do. See In re M.W., 869 N.E.2d at 1270.
Finally, Mother asserts that there was no evidence to show that the coercive intervention of the court was necessary. But the trial court is not required to "wait until a tragedy occurs to intervene." B.H. v. Dep't of Child Servs. (In re A.H.), 913 N.E.2d 303, 306 (Ind.Ct.App. 2009). In her Assessment shortly before the fact-finding hearing, Mandaza recommended that Mother be subjected to "regular drug-screening for additional accountability." Ex. Vol. at 11. Mandaza also recommended that Mother participate in intensive outpatient therapy, which Mother had not completed as of the fact-finding hearing. Mother failed a drug screen and pleaded guilty to possession of marijuana during the DCS's involvement. And, again, FCM Washington testified at the hearing that Mother's plan to deal with her violent relationships with the children's fathers was "to run away from the problem" and that "we need to address the problem." Transcript at 61. Mother's assertion that she had completed all recommended services before the fact-finding hearing and that her criminal history and relationships with the fathers were remote in time is contrary to the record most favorable to the judgment. Based on the evidence and our standard of review, we
The evidence supports the trial court's findings that, as of the fact-finding hearing, Mother continued to have extensive problems with drugs and violent relationships with the children's fathers. The evidence also supports the trial court's findings that these problems are harmful to the children. The trial court's findings support its judgment that "there is a substantial risk of endangering the children" and that the children are in need of care, treatment, or rehabilitation that they are not receiving and that is unlikely to be provided or accepted without the coercive intervention of the court. Appellant's App. at 102. Accordingly, we affirm the trial court's adjudication that the children are CHINS.
Affirmed.
BAKER, J., and CRONE, J., concur.
Roark v. Roark, 551 N.E.2d 865, 867-68 (Ind. Ct.App.1990); see also Ind. Code §§ 31-39-2-1 to -15 (the current version of former I.C. § 31-6-8-1).