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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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