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Appeals court affirms terminating mother’s parental rights

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A mother who was close to reunification with her three children, deemed children in need of services, until she battered her fiancé in front of them had the termination of her parental rights affirmed by the Indiana Court of Appeals.

Mother S.C. has three children with V.C., one of whom was born while S.C. was incarcerated. Her children had been determined to be CHINS after she was arrested for theft and operating a vehicle while intoxicated when she was pregnant with the youngest child. The children were placed in foster care after she was arrested again and the children’s father was incarcerated.

She was on her way to reunification with the children when she got intoxicated and battered her fiancé in front of the children because he wouldn’t give her more than the prescribed amount of her prescription medication. The Department of Child Services changed the plan from reunification to termination of parental rights after her arrest from this incident. The three children were placed with their paternal grandmother.

In February 2012, DCS filed petitions to involuntary terminate her parental rights, which the court granted.

In In the Matter of the Term. of the Parent-Child Rel. of J.C., Et.C. & El.C.; S.C. v. Indiana Department of Child Services, 29A02-1210-JT-833, the COA ruled that DCS presented sufficient evidence that the conditions that resulted in the children’s removal were not likely to be remedied, and the findings support the court’s conclusion that termination was in the best interest of the children. Mother’s repeated drug use and criminal activity resulted in the children’s removal more than once. The evidence also supported finding of an adequate plan for the children’s future care. They were all in pre-adoptive placement with their grandmother, who had cared for them for almost a year when the termination proceedings ended.

 

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  1. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  2. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  3. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  4. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  5. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

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