ILNews

COA upholds termination of parental rights

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The Indiana Court of Appeals affirmed the termination of a mother and father's parental rights based on sufficient evidence. The appellate court also found the mother couldn't appeal on the basis that the Department of Child Services failed to prove her drug use when she repeatedly refused to submit to drug testing.

Mother D.B. and father B.B. appealed the termination of their parental rights to their daughter, A.B. The girl tested positive for cocaine after birth; her mother admitted to using the drug five days before birth. Mother admitted to the child in need of services petition, but father declined to appear in court because he had outstanding warrants. A default hearing with respect to him was later conducted, during which the court found A.B. was a CHINS.

A.B. was removed from the home and both parents were ordered to comply with certain services, counseling, and testing. Mother repeatedly refused to submit to drug testing. The trial court granted DCS' petition to terminate both parent's rights.

In In the matter of the involuntary termination of the parent-child relationship of A.B.; D.B., B.B. v. Marion County Dept. of Child Services and Child Advocates, No. 49A02-0908-JV-710, mother challenged the trial court's findings that the conditions that led to A.B.'s removal won't be remedied. A.B. was removed because of mother's drug use. The appellate court rejected her argument that DCS lacked documentary evidence that she ever failed any drug test.

"A parent whose drug use led to a child's removal cannot be permitted to refuse to submit to drug testing, then later claim the DCS has failed to prove that the drug use has continued. Mother cannot and should not prevail with such a circular and cynical argument," wrote Judge Michael Barnes.

Father argued that DCS failed to prove A.B. was removed from his care for at least six months under the dispositional decree at the time the petition to terminate his parental rights was filed. He claimed the trial court set aside an earlier dispositional CHINS order by default when it stated it was entering a denial on his behalf and setting pretrial. But the court never entered a different dispositional order or said it was setting aside the earlier order.

Even if the trial court purported to set aside that order, it couldn't have done so under Indiana Trial Rule 60.

"The trial court could have chosen its words more carefully when it issued the September 3, 2008 order," Judge Barnes wrote. "Nevertheless, it never expressly set aside the dispositional order, it could not have done so sua sponte, and there is no basis upon which Father could have set aside the order even if he had moved to do so."

There was sufficient evidence to support the termination of both the mother and father's parental rights.

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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