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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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