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In re Walker12/12/2005
JUDGMENTS: Judgments affirmed.
{ } Appellant Kimberly Baldwin ("Baldwin") brings this appeal from the judgment of the Court of Common Pleas of Hancock County, Juvenile Division, terminating her parental rights.
{ } On June 6, 1992, Bryan Walker ("Bryan") was born to Baldwin and Robert Walker ("Walker"). Alyssa Walker ("Alyssa") was born to the couple on September 3, 1993. On August 15, 1996, Bryan and Alyssa were found to be dependent children, along with their biological brother, Brandin Walker ("Brandin"). Protective supervision over Bryan and Alyssa was granted to Hancock County Jobs and Family Services ("HCJFS") and Brandin was placed in HCJFS's temporary custody. Baldwin subsequently consented to giving HCJFS permanent custody of Brandin. During January and February, 1997, Bryan and Alyssa were placed in foster care due to Baldwin's incarceration for a DUI. The children were again placed in foster care during March 1999 while Baldwin was incarcerated for another DUI.
{ } In June, 2002, HCJFS again filed a complaint for neglect of Alyssa and Bryan when it substantiated claims that Baldwin had been driving under the influence with the children in the vehicle. A second claim was substantiated that Baldwin had endangered Alyssa by driving under the influence with the child in the vehicle. The trial court ordered protective supervision in September, 2003. During that same time, a community control revocation hearing was scheduled for Baldwin when she was caught consuming alcohol while serving community control sanctions. Baldwin had previously been warned by HCJFS that if she was incarcerated again, HCJFS would take temporary custody of the children due to the inappropriate home life that would be offered by their step-father. The step-father had made multiple threats of suicide while holding a weapon in front of the children and had engaged in domestic violence with Baldwin. On September 9, 2003, Baldwin was taken into custody for violating her community control sanctions. An ex parte order granting temporary custody to HCJFS was filed on September 10, 2003. However, before the children could be taken into custody, they were taken to Iowa to live with their step-sister. Once the step-sister refused to return the children and Iowa Department of Children Services declined to become involved, HCJFS terminated its custody.
{ } In January, 2004, Baldwin retrieved her children from Iowa. On March 5, 2004, HCJFS received a report that Bryan had cut his arms with a razor blade to prevent his mother from going out to the bars. HCJFS also received a report that the step-father had again threatened to kill himself while holding a gun to his head. HCJFS was then again granted temporary custody. A case plan was instituted on April 1, 2004. The case plan required Baldwin to 1) receive a mental health and substance abuse assessment and comply with the recommendations and 2) provide a safe and stable home for the children. Baldwin only attended one counseling appointment on August 25, 2004. Baldwin was present for one home visit on May 27, 2004. The remainder of the visits were missed or resulted in Baldwin refusing to allow the workers from HCJFS into the home.
{ } On August 27, 2004, Baldwin was charged with driving under suspension. Baldwin admitted herself to St. Rita's for treatment of her addictions on October 28, 2004. Baldwin left St. Rita's on October 31, 2004, with instructions to report to an in-patient program, but never arrived. On December 11, 2004, Baldwin was charged with disorderly conduct due to intoxication and received a suspended sentence. HCJFS applied for permanent custody of the children on January 20, 2005, alleging that the children w
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