ILNews

Appeals court reverses termination of father’s rights

Back to TopCommentsE-mailPrintBookmark and Share

The Department of Child Services failed to prove that a father’s children were removed for cause required under state statute, and the trial court erred in terminating the parental rights of the Dearborn County man.

In Term. of Parent-Child Rel. of: Q.M. and E.M., Minor Children, B.M., Father v. Indiana Dept. of Child Services, 15A05-1112-JT-706, the court reversed Dearborn Circuit Judge James D. Humphrey’s order terminating the parental rights of B.M. to his children, ages 3 and 5.

Q.M. showed signs of abuse and, after a DCS investigation, both siblings were designated as children in need of services. B.M. later signed a Stipulation of CHINS agreement wherein he acknowledged that Q.M.’s injuries “would not have occurred but for the act or omission of a parent, custodian, or guardian.” He participated in counseling but failed to successfully complete court-ordered therapy and parenting evaluations. He demonstrated “extreme behavior” that was sanctioned by the court after his 2010 breakup with the children’s mother.

“For example, father sent 96 text messages and made numerous phone calls concerning mother and her whereabouts to the home-based counselor’s personal cell phone and home phone during a single weekend, causing the provider to feel threatened and to request no further work with father,” the court record says.

However, DCS terminated the father’s parental rights without required findings, Judge Elaine Brown wrote in a unanimous opinion.

“An involuntary termination petition must allege, and the state must prove by clear and convincing evidence, that the child was either removed from the parent for at least six months under a dispositional decree or removed from the family home at least fifteen of the most recent twenty-two months ‘at the time the involuntary termination petition was filed,’” Brown wrote.

“Based on the foregoing, it is clear that DCDCS (Dearborn County Indiana Dept. of Child Services) failed to satisfy the mandates of Ind. Code § 31-35-2-4(b)(2)(A). Thus, the trial court committed reversible error in granting DCDCS’s involuntary termination petitions. …  The trial court’s judgment terminating Father’s parental rights to Q.M. and E.M. must be reversed.”

Brown closed with a footnote: “Our decision today should not be construed as a negative comment upon the sufficiency of the evidence supporting the trial court’s specific findings or ultimate decision to terminate father’s parental rights. Moreover, in reaching this decision, we are keenly aware of the fact that both Q.M.’s and E.M.’s sense of permanency and well-being hangs in the balance. Further delay in the final resolution of the children’s cases is most certainly regrettable, but the court is bound by statute to ensure the process.”  



 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT