ILNews

Justices accept parental-rights termination case

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The Indiana Supreme Court has taken a Marion County case involving the termination of a mother’s parental rights in which the Indiana Court of Appeals took issue with several details in the case.

The appellate judges affirmed the termination of mother Z.G.’s rights to her daughter C.G. in Term. Of Parent-Child Rel. of C.G.; Z.G. v. I.D.C.S., No. 49S04-1101-JT-46, ruling her due process rights weren’t significantly comprised by her telephonic participation because she was represented by counsel, she testified at the hearing, and was able to authenticate exhibits her counsel sent her. But they noted several concerns, including that one Department of Child Services case manager’s affidavit of diligent inquiry filed when DCS sought to serve notice upon Z.G. by publication contained an inaccuracy. The case manager didn’t contact any family acquaintances as stated in the affidavit.

The DCS case manager also didn’t tell the mother that a child in need of services case was pending in his response letter to the mother, who wrote to the case manager in November 2008. She didn’t learn of the proceeding until she got an advisement or rights form and copy of the CHINS petition in a February 2009 letter.

The Court of Appeals judges were also troubled by the Marion Superior Court’s policy that juvenile prisoners cannot be within sight or hearing of adult prisoners, and the Juvenile Division lacks the facilities to separately house adult and juvenile offenders at the Juvenile Center. Z.G. had asked to appear in person at the termination and child in need of services proceedings in Marion Juvenile Court, but she was denied and she appeared by telephone.

The justices denied transfer to 12 other cases for the week ending Jan. 28.

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

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