ILNews

COA reverses termination of father's rights

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals reversed a trial court order terminating the parental rights of a father, finding the trial court erred when it relied on an independent investigation to end his rights without giving the father a chance to view or respond to the investigation.

In In Re: The Matter of the Termination of the Parent-Child Relationship of S.F. and J.F., Michael Farley v. Allen County Child Services, No. 02A03-0707-JV-306, the appellate court was asked to decide whether Farley was denied due process when he was not allowed to respond to an independent investigation ordered by the trial court.

In July 2006, the Allen County Department of Child Services filed a petition to terminate Farley's parental rights of S.F. and J.F. because he had allegedly failed to maintain suitable living conditions. A trial was conducted in December 2006 on the matter; in February 2007, the trial court ordered an additional investigation of Farley's home by the Allen County Health Department. The court terminated Farley's parental rights in April 2007, citing the health department's report and how it reaffirmed that Farley's home is unsanitary.

The Court of Appeals reversed the trial court order, finding Farley's due process rights were denied by the use of the health department's report in terminating his rights. After the trial court received the report, it didn't conduct further proceedings and Farley wasn't able to cross-examine the inspector or offer his own evidence to contradict the report.

A parent must be able to view evidence used to terminate his or her parental rights and given the opportunity to respond, wrote Judge Michael Barnes. The trial court's off-the-record investigation and failure to give Farley the opportunity to respond created a high risk of error.

Even though DCS argued Farley didn't object to the order or file a motion to correct error, it was a fundamental error by the court and he did not waive his right to appeal this issue. Also, there was evidence the house was unsuitable for children when they were found to be CHINS; however, there was also evidence that Farley was slowly improving the home. If there was convincing evidence that the condition of Farley's home which led to the removal of the children had not been remedied, then the additional investigation ordered by the trial court wouldn't have been necessary, wrote Judge Barnes.

The Court of Appeals reversed the trial court order and remanded with instructions for the trial court to conduct another trial.
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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