ILNews

Court rules on parental rights terminations

Michael W. Hoskins
January 1, 2008
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The Indiana Court of Appeals today ruled for the first time on an aspect of a state statute dictating when the Department of Child Services can initiate parental rights termination proceedings.

A unanimous decision today affirms a trial court judgment in the case of In the Matter of the Termination of the Parent-Child Relationship of A.B. and Dawn B. v. Department of Child Services, No. 02A03-0712-JV-599.

The appellant-respondent's daughter, when she was 6, was hospitalized in 2002 for violent, uncontrollable behavior and the Allen County DCS started investigating a later report that the woman's two kids engaged in sexual behavior. The trial court declared the daughter to be a child in need of services. Years later after the girl was placed in a children's home, the DCS filed a petition to end the mother's parental rights. That happened in August 2007.

Specifically, the appeal involves Indiana Code Section 31-34-1-16 that provides the DCS "may not...initiate a court proceeding to ... terminate the parental rights concerning ... a child with an emotional, behavioral, or a mental disorder ... who is voluntarily placed out of the home for the purposes of obtaining a special treatment or care, solely because the parent, guardian, or custodian, is unable to provide the treatment or care."

While the girl was voluntarily removed from the home in this case, the court determined that the Allen County DCS initiated termination proceedings because the mother had also refused to cooperate with service providers and failed to participate in counseling to address her own mental issues - making her both unable and unwilling to provide adequate care for the child.

However, the court wrote in a footnote that this decision leaves open a question for the legislature or DCS: "How the state will provide long-term care for a child in need of services where, under the statute, parental rights may not be terminated, but where the parents, through no fault of their own, are unable and permanently incapable of becoming able to care for their special needs child."
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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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