ILNews

COA affirms ruling in 'unusual' termination case

Back to TopCommentsE-mailPrintBookmark and Share

In an unusual case on appeal in which a mother's parental rights were terminated to only one of her five children during a termination hearing, the Indiana Court of Appeals affirmed the decision due to the circumstances of the case.

Lavonne Aikens appealed the termination of her parental rights to her son I.A. in the case In the Matter of Termination of Parental-Child Relationship of I.A. v. Indiana Department of Child Services, No. 02A05-0811-JV-660. I.A. is the youngest of her nine children and tested positive for cocaine at birth. I.A. also has a genetic disorder and multiple physical deformities. The Allen County Department of Child Services filed a petition alleging I.A. and four of his siblings were children in need of services. The children were placed in foster care, with I.A. placed with a different family. Aikens never developed a relationship with I.A., wasn't fully aware of his medical situation, and refused to donate blood to help doctors determine his genetic disorder.

The Court of Appeals described the case as "very unusual" in its opinion today, given that the rights to only one child were terminated in a hearing regarding five children. The circumstances of the case support the termination to parental rights of I.A., given Aikens' indifference towards her son, her lack of cooperation with doctors in giving blood to test for I.A.'s genetic disorder, and failure to contact a DCS family case manager to ask about I.A.

"Although we commend Mother for being drug-free at the termination hearing (and hope that she is still drug-free today), kicking a cocaine habit for eight months is one thing. But overcoming a pattern of indifference to a child who has many medical needs is quite another. The DCS has established a reasonable probability that Mother will not change regarding I.A.," wrote Judge Nancy Vaidik.

Aikens also argued that the totality of the evidence showed she complied with services such that the court denied terminating her parental rights to her other four children and the court speculated on her ability to care for I.A. But I.A. was treated separately by the attorneys and witnesses during the termination hearing for good reason, wrote the judge. Even Aikens' own counsel said in closing statements that counsel would understand if the court just terminated her rights to I.A. given Aikens' past and chance of relapse. Based on all of the evidence, the appellate court ruled the trial court's judgment wasn't erroneous.

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. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. If the end result is to simply record the spoke word, then perhaps some day digital recording may eventually be the status quo. However, it is a shallow view to believe the professional court reporter's function is to simply report the spoken word and nothing else. There are many aspects to being a professional court reporter, and many aspects involved in producing a professional and accurate transcript. A properly trained professional steno court reporter has achieved a skill set in a field where the average dropout rate in court reporting schools across the nation is 80% due to the difficulty of mastering the necessary skills. To name just a few "extras" that a court reporter with proper training brings into a courtroom or a deposition suite; an understanding of legal procedure, technology specific to the legal profession, and an understanding of what is being said by the attorneys and litigants (which makes a huge difference in the quality of the transcript). As to contracting, or anti-contracting the argument is simple. The court reporter as governed by our ethical standards is to be the independent, unbiased individual in a deposition or courtroom setting. When one has entered into a contract with any party, insurance carrier, etc., then that reporter is no longer unbiased. I have been a court reporter for over 30 years and I echo Mr. Richardson's remarks that I too am here to serve.

  3. A competitive bid process is ethical and appropriate especially when dealing with government agencies and large corporations, but an ethical line is crossed when court reporters in Pittsburgh start charging exorbitant fees on opposing counsel. This fee shifting isn't just financially biased, it undermines the entire justice system, giving advantages to those that can afford litigation the most. It makes no sense.

  4. "a ttention to detail is an asset for all lawyers." Well played, Indiana Lawyer. Well played.

  5. I have a appeals hearing for the renewal of my LPN licenses and I need an attorney, the ones I have spoke to so far want the money up front and I cant afford that. I was wondering if you could help me find one that takes payments or even a pro bono one. I live in Indiana just north of Indianapolis.

ADVERTISEMENT