Termination: A B v. Indiana Department of Child Services

── Termination: A B v. Indiana Department of Child Services ── Court: Indiana Court of Appeals Date: May 11, 2026 Author: Peter Foley Category: General FILED May 11 2026, 9:28 am CLERK Indiana Supreme Court Court of Appeals and Tax Court IN THE Court of Appeals of Indiana In the Matter of the Termination of the Parent-Child Relationship of C.J.B. (Minor Child); A.B. (Father), Appellant-Respondent v. Indiana Department of Child Services, Appellee-Petitioner May 11, 2026 Court of Appeals Case No. 25A-JT-3154 Appeal from the Dearborn Circuit Court The Honorable F. Aaron Negangard, Judge Trial Court Cause No. 15C01-2506-JT-12 Opinion by Chief Judge Tavitas Judges Bailey and Foley concur. Court of Appeals of Indiana | Opinion 25A-JT-3154 | May 11, 2026 Page 1 of 14  Tavitas, Chief Judge. Case Summary [1] A.B. (“Father”) appeals the termination of his parental rights to C.B. (“Child”). Father argues that the trial court erred by denying his motion for a continuance of the fact-finding hearing because he was incarcerated and attending a compulsory hearing in his criminal case at the time of the final hearing. We conclude that the trial court did not abuse its discretion by denying the motion for a continuance pursuant to Indiana Trial Rule 7(D) and, further, that the denial of the motion for a continuance did not violate Father’s due process rights. Accordingly, we affirm. Issue [2] Father raises one issue, which we restate as whether the trial court erred by denying his motion for a continuance of the fact-finding hearing. Facts [3] Child was born to S.K. (“Mother”) and Father in May 2017. Child tested positive for unprescribed Oxycodone when he was born. In September 2023, Mother was involved in a serious car accident with her other children in the vehicle. There were concerns that Mother was impaired at the time. Both Mother and Father have substance abuse issues. [4] DCS filed a petition alleging that Child was a child in need of services (“CHINS”) on October 27, 2023. At the time, Mother was hospitalized, and Court of Appeals of Indiana | Opinion 25A-JT-3154 | May 11, 2026 Page 2 of 14  Child was living with maternal grandmother. Mother had a protection order against Father for domestic violence. Child was later removed from Mother’s and Father’s care on March 21, 2024, because both Mother and Father were incarcerated, and Child was placed with an aunt and uncle. [5] A CHINS fact-finding hearing was held on May 23, 2024, and Father did not appear due to his incarceration. Father’s counsel informed the trial court that Father was incarcerated in Ohio and unlikely to be released until September 2024. The trial court adjudicated Child a CHINS on May 30, 2024, and entered a dispositional order on July 18, 2024. Father was ordered to, in part: maintain contact with DCS; submit to random drug screenings; participate in a parenting assessment and follow all recommendations; complete a substance