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Appeals court reverses termination of father’s rights

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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.”  



 

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  1. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  2. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  3. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

  4. Sounds like overkill to me, too. Do the feds not have enough "real" crime to keep them busy?

  5. We live in the world that has become wider in sense of business and competition. Everything went into the Web in addition to the existing physical global challenges in business. I heard that one of the latest innovations is moving to VDR - cloud-based security-protected repositories. Of course virtual data rooms comparison is required if you want to pick up the best one.

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