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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT: JASON R. HOCH Tell City, Indiana

ATTORNEY FOR APPELLEE: JOHN R. WERNER Tell City, Indiana

FILED
of the supreme court, court of appeals and tax court

Apr 10 2008, 11:04 am

CLERK

IN THE COURT OF APPEALS OF INDIANA
IN RE THE GUARDIANSHIP OF D.D. JEANNE DALE FREEMAN, Appellant-Petitioner, vs. PERRY COUNTY DEPARTMENT OF CHILD SERVICES, Appellee-Respondent. ) ) ) ) ) ) ) ) ) ) ) )

No. 62A05-0709-JV-516

APPEAL FROM THE PERRY CIRCUIT COURT The Honorable Jonathan J. Parkhurst, Magistrate The Honorable Lucy Goffinet, Judge Cause No. 62C01-0704-GU-9

April 10, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

RILEY, Judge

STATEMENT OF THE CASE Appellant-Petitioner, Jeanne Dale Freeman (Freeman), appeals the trial court's denial of her petition for guardianship of her nephew, D.D. We affirm. ISSUES Freeman raises several issues on appeal, which we restate as: (1) Whether the trial court admitted inadmissible hearsay into evidence at the final hearing, thereby abusing its discretion; (2) Whether the trial court abused its discretion by denying Freeman's petition for guardianship; and (3) Whether the trial court abused its discretion by denying Freeman's motion to correct error. FACTS AND PROCEDURAL HISTORY D.D. was born on June 5, 2001, to Tyra Preston (Preston) and Charles Dale (Dale). Dale died in November 2003, leaving D.D. with Preston and Preston's three older children from a previous relationship. However, Freeman--Dale's sister and D.D.'s aunt--has had physical custody of D.D. for certain periods throughout his life because of Preston's problems with drugs. In December 2004, Preston turned D.D. over to Freeman pursuant to the terms of an informal adjustment with the Perry County Department of Child Services (PCDCS). D.D. was returned to Preston's custody in January 2005, but then went back to Freeman in August 2005 when Preston was charged with several drug-related offenses in Kentucky. At some point in 2005, Freeman filed a petition for guardianship of D.D. The 2

Perry Circuit Court held a hearing on that petition in February 2006. In June 2006, while that petition was still pending, Preston regained custody of D.D., and on November 2, 2006, the trial court denied Freeman's petition, citing the preference for placement with natural parents. Just four days later, on November 6, 2006, the PCDCS requested an emergency custody order for D.D. and his half-siblings, alleging that Preston had failed two drugs tests. The trial court granted the order, and the children were placed with Jerry and Melissa Craig (the Craigs). The PCDCS also filed a petition alleging D.D. to be a child in need of services (CHINS). On November 21, 2006, Preston admitted, and the trial court found, that D.D. was a CHINS. Eventually, Freeman and Rita Dale--D.D.'s paternal grandmother and Freeman's mother--were allowed to intervene in the CHINS proceeding. On January 3, 2007, Freeman filed a Motion for Kinship Placement. In order to be considered as a candidate for out-ofhome placement in the CHINS proceeding, both Freeman and her husband, James, were required to submit to a criminal history check with the Indiana Department of Child Services (State DCS). See Ind. Code

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