Marilyn Odendahl for www.theindianalawyer.com

A man serving a 10-year sentence for dealing in methamphetamine, neglect of a dependent and maintaining a common nuisance is being given the opportunity to show he has changed.

The Indiana Supreme Court has overturned the trial court’s order terminating the parent-child relationship between J.E. and his son K.E. The five justices noted the state’s courts have upheld the parental rights of incarcerated parents.

“We are persuaded that there was insufficient evidence to support a reasonable probability that the conditions resulting in removal will not be remedied or that Father poses a threat to K.E.’s well-being,” Justice Steven David wrote for the court. “As to both, either the record does not support the findings or the findings do not support the trial court’s conclusions. Thus, the order terminating Father’s parental rights was clearly erroneous.”

In June 2014, the Vanderburgh Superior Court terminated J.E.’s parental rights, concluding the conditions that resulted in the child’s removal would likely not be remedied and that the continuation of the parent-child relationship could pose a threat to K.E.’s well-being. A split Indiana Court of Appeals affirmed in a memorandum decision with Judge John Baker dissenting.

Baker’s dissent was echoed in the Supreme Court’s opinion. The justices pointed to the number of classes and programs J.E. has completed while in prison to improve his parenting skills and address his addiction issues. Also, he has bonded with K.E. through nightly phone calls and regular visitation.

“Given the substantial efforts that Father is making to improve his life by learning to become a better parent, establishing a relationship with K.E. … and attending substance abuse classes, it was not proven by clear and convincing evidence that Father could not remedy the conditions for K.E’s removal,” David wrote.

In addition, J.E.’s work behind bars also convinced the Supreme Court he did not pose a threat to his son.

“…Father has pursued every avenue possible to complete programs to better prepare himself for parenthood and a drug-free lifestyle after being released,” David wrote. “Father’s interactions with K.E. are healthy and the two have bonded. … this Court is not persuaded that Father’s past criminal history and drug abuse provided clear and convincing evidence that Father now poses a threat to K.E.’s well-being.”

The case is In Re the Involuntary Termination of the Parent-Child Relationship of K.E., a Minor Child, and his Father, J.E., and His Mother, S.S., v. Indiana Department of Child Services, 82S04-1508-JT-491.

Governor Mike Pence issued the following statement regarding news that Indiana’s unemployment rate decreased another 0.2% to stand at 4.7% in July. This preliminary estimate brings total private employment in Indiana to 2,614,800. Over the past 12 months, private employment has grown by 59,800 and now stands above the former peak by more than 2,000 jobs. While unemployment continues to fall, Indiana’s labor force is growing. Since January 2013, the Hoosier labor force has grown by 76,000. In the last year alone, Indiana added more than 23,000 people to its labor force.

“Every Hoosier should be encouraged by the news that we have more people going to work than ever before in our state’s history. This achievement belongs to the hardworking people of Indiana and to the businesses large and small, whose hard work and ingenuity achieved this historic milestone.

“From day one of my administration, we made job creation job one and aimed to get more Hoosiers working than ever before by 2016. We committed to strengthening Indiana’s economy and our workforce, while implementing policies that will bring good jobs and provide opportunity to Hoosiers. We cut taxes for working families and job creators. We cut government red tape. We signed honestly balanced budgets that hold the line on spending while making significant investments in education, infrastructure and our workforce.

“And thanks to hardworking Hoosiers for their resilience, character and the entrepreneurial spirit they bring to work each and every day, Indiana has achieved this goal and set a new record for private sector employment.

“While this milestone is worth celebrating, I believe that as long as any Hoosier is looking for work or struggling to make ends meet, our work is not done.

“Indiana continues to grow stronger and together we can build on this momentum. To take job growth and our economy to new heights, I believe we must continue to live within our means, look for ways to let working Hoosiers keep more of what they earn, cut government red tape and make sound investments in the education of our kids, our workforce and the infrastructure that makes Indiana the Crossroads of America.”