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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:
DAVID PARDO

ATTORNEY FOR APPELLEE:
KIMBERLY SPINDLER

Marion County Public Defender Agency Indianapolis, Indiana

Marion County Department of Child Services Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
IN RE THE MATTER OF THE INVOLUNTARY TERMINATIN OF THE PARENT CHILD RELATIONSHIP OF S.B., A.B., and A.B., MINOR CHILDREN and THEIR MOTHER, LORI BRACKEN, Appellant-Respondent, vs. MARION COUNTY DEPARTMENT OF CHILD SERVICES, Appellee-Petitioner and CHILD ADVOCATES, INC., Co-Appellee (Guardian ad Litem) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 49A04-0610-JV-632

APPEAL FROM THE MARION SUPERIOR COURT

The Honorable Victoria Ransberger, Judge Pro Tempore Cause No. 49D09-0511-JT-44843

May 31, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Lori Bracken appeals the involuntary termination of her parental rights with respect to her minor children, S.B., Ax.B., and Ag.B., presenting the following restated issues for review: 1. Was the evidence sufficient to prove a reasonable probability that the conditions resulting in the children's removal from Bracken's care still exist? Was the evidence sufficient to prove there is a reasonable probability that the reasons for placement of the children outside of Bracken's home would not be remedied? Did the trial court err in shifting the burden to Bracken of proving she had sufficient income and adequate housing to support her children?

2.

3.

We affirm. Bracken has four children, three of which are involved in this termination proceeding. Those three are: S.B., born on February 20, 1995, Ax.B., born January 6, 1999, and Ag.B., born August 6, 2004. The fourth child, C.W., is the oldest and still a minor, but Bracken's parental rights as to him are not adjudicated in this action. C.W., Ax.B., and S.B. have different fathers, and the identity of Ag.B.'s father is not known. 2

At the time of this proceeding, Bracken was not living with any of the children's fathers or another adult. On November 5, 2004, the Marion County Office, Division of Family and Children (MCODFC) filed a petition alleging that Bracken's children were CHINS. The petition was based on the following allegations: 5. The children are Children In Need of Services as defined in I.C.

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