Opinion
No. 38A05–1305–JT–206.
2014-02-11
In the Matter of the Involuntary Termination of the Parent–Child Relationship of H.R. (Minor Child) and J.N. (Mother) and M.R. (Father), Appellants–Respondents, v. Indiana Department of Child Services, Appellee–Petitioner.
While the majority correctly identified that, in terminating their parental rights, the trial court considered factors other than Mother's and Father's incarceration, those factors all seem to relate to the use or manufacture of methamphetamines. While they may not be losing their parental rights due to their incarceration, it does seem that they may be losing these rights due to the behavior for which they are now incarcerated. The purpose of terminating parental rights is not to punish parents, but to protect children. In Re Termination of Parent–Child Relationship of D.D., 804 N.E.2d 258, 265 (Ind.Ct.App.2004). Here, there appears to be an element of punishment. I cannot find cause to overturn the trial court's judgment in this matter, but in light of Mother and Father's compliance, the termination of parental rights does not conform to my sense of justice.