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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

ADVERTISEMENT