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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. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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