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Proposed rules provide uniformity for parenting coordinators

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The use of parenting coordinators is increasing around the state. But depending on where you are in Indiana, the authority of the parenting coordinator – PC – may differ. In an effort to create uniformity, rules are being proposed that would regulate the role and authority of PCs.

Parenting coordination is still relatively new in Indiana as compared to other states, such as Florida and Colorado. Parenting coordinators – attorneys or mental health professionals – assist “high conflict” parents when it comes to resolving issues involving their children. These are the parents who may, for example, disagree as to what kind of clothes their child wears. Instead of running to the courts every time there is a disagreement, the use of a PC can help resolve issues and teach the parents to work things out without court involvement.

Allen Circuit Magistrate Judge Craig J. Bobay said he’s seen orders that permit a PC to make binding recommendations but believes changes to existing orders should be judicial decisions. Robin B. Niehaus, an attorney and parenting coordinator in the Indianapolis area, said she is able to write a recommendation that would be considered binding unless one of the parties object.

This disparity around the state in PC authority exists because there are no rules regulating this area. Currently, judges can enter any order and give any authority they deem appropriate to the PC. Some of that is based on the different authority levels of PCs used in the state.

As defined in the Indiana Parenting Coordination Guide produced by Families Moving Forward Inc. in 2005, there are three levels of PCs used in Indiana. Level 1 PCs work with parents to resolve issues, but can only make recommendations; Level 2 PCs have the same role, but may be able to make binding recommendations if the court allows. Level 3 builds upon the first two levels, and also allows the PC to select and manage a treatment team to attend to the medical or mental-health needs of the parents or children.

Magistrate Bobay said the use of PC levels varies in Indiana, but he does know of some county bar associations that have adopted those levels for PCs.

“There was no consistency in the authority that parenting coordinators were being given,” said Lake Superior Magistrate Judge Nanette Raduenz. “We want orders throughout the state that are consistent regarding authority.”

The proposed rules don’t recognize levels. PCs will not be able to unilaterally modify an existing order or parenting plan, but they will be able to make recommendations and reports to the parties. If the parties agree, those recommendations can be adopted in practice or submitted to the court as a modification in the form of an agreed order, she said.

Magistrates Raduenz and Bobay, along with other judicial officers, were part of a subcommittee created by the Indiana Judicial Conference’s Domestic Relations and Alternative Dispute Resolution committees that wrote the proposed rules. Steuben Superior Judge Bill Fee, chair of the Domestic Relations Committee, said the committees know that PCs are being used and it’s a growing practice, and they felt it was time to take a look at the issue.

The 10 proposed rules include defining the qualifications of a PC, terms of service, confidentiality, and immunity. Currently, parenting coordinators don’t fall under any court rules and instead follow guidelines instituted by organizations like the Association of Family and Conciliation Courts.

parentingKate Burroughs, a family law attorney at Cross Woolsey & Glazier, said she has heard concerns about how recommendations by PCs under these rules wouldn’t be binding, as is the practice in some courts. Niehaus also cites proposed Rule 7 regarding the timeline once a PC has made a recommendation to the court as a concern. The rule could lengthen the recommendation process to as much as 50 days when factoring in objections and responses to objections filed with the court. Currently, she is able to make a recommendation and allow the parties seven days to object before it becomes binding.

Courts cannot order parties to utilize parenting coordination, and that would remain under the proposed rules. Niehaus said many parenting coordinators would have preferred to see a rule allowing the court to order people to participate in parenting coordination.

Magistrate Raduenz said the subcommittee discussed that possibility.

“It was determined that this should be something the parents agree to do voluntarily, mostly because of the cost factor,” she said. “Our experience with litigants is if it’s something they voluntarily agree to do, then they are more vested in the program and we’re hoping that this will then be a more productive process if they are on board from the beginning.”

Niehaus also has concerns with a proposed rule that may allow the PC to decide how much each parent has to pay for the PC. She wants the court to continue to make those decisions.

“The parenting coordinator is supposed to be unbiased, and if the parenting coordinator decides who pays how much, you can imagine the first thing (a party says is), ‘That’s not fair to me, you’re being biased,’” she said.

Laura Ellsworth, a PC and licensed counselor in Evansville, likes that the proposed rules spell out the qualifications for being a parenting coordinator, but she has concerns with the rule requiring the PC to be a registered Indiana domestic relations mediator. She said a lot of PCs don’t want to do domestic mediation. Judge Fee believes being a mediator would be an advantage for PCs, as they would have immunity as described under Indiana Rules for Alternative Dispute Resolution, Rule 1.5. But this gives Niehaus pause, as she wishes the rules would have spelled out a specific immunity section for parenting coordinators instead of lumping them under the immunity provision for mediators.

Under proposed Indiana Parenting Coordination Rule 10, those who want to serve as a registered PC would have to register with the Commission for Continuing Legal Education and pay an annual $50 fee. Currently, courts vary as to whether they have a master list of parenting coordinators. Judge Fee said that his court does not keep a list to provide to parents who may want to utilize a PC, but he knows who the PCs are in the area. In Lake County, those who are trained as PCs notify the courts and ask to be put on a list.

Overall, judges, attorneys, and parenting coordinators are pleased that rules were introduced.

“We think it’s time for some consistent regulation across the state,” said Judge Fee.•

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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