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Parental rights terminations upheld in substitute magistrate cases

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In a pair of cases before the Indiana Court of Appeals Tuesday, parents argued that their due process rights were violated when a different magistrate reported findings and conclusions to the judge than the magistrate who heard the cases. The magistrate initially on the cases resigned before making reports to the juvenile court.

Father T.P. and mother K.G. each claimed that the orders terminating their parental rights violated Indiana law and their due process rights because the orders were based on the findings of Marion Superior Magistrate Larry Bradley, who did not preside over the evidentiary hearings. Bradley took the cases over after Magistrate Julianne Cartmel resigned.

In both cases, In the Matter of the Termination of the Parent-Child Rel. of: S.B., Ay.B., A.B. & K.G. (Minor Children), and K.G. (Mother) v. Marion County Dept. of Child Services, Child Advocates, Inc., 49A02-1303-JT-244; and In the Matter of the Termination of the Parent-Child Rel. of I.P., Minor Child and His Father, T.P.: T.P. (Father) v. Child Advocates, Inc., and Indiana Dept. of Child Services, 49A02-1303-JT-283, Judges John Baker, Ezra Friedlander and Nancy Vaidik upheld the termination of parental rights. They held the proposed termination orders do not violate Indiana law because the relevant statutory section – I.C. 33-23-5-9 – does not prohibit Bradley’s actions. Nothing in that section requires the reporting magistrate be the magistrate who presided over the evidentiary hearing.

In K.G.’s case, the court found the proposed order didn’t violate her due process rights because the underlying evidence was undisputed and didn’t require Bradley to make any credibility determinations. In T.P.’s case, the judges pointed out that Bradley carefully reviewed the record and T.P. did not identify any specific prejudice as a result of Bradley’s review and recommendation. In both cases, the parents were represented by counsel at the termination hearings.

Provisions of Indiana Trial Rule 63(A) would also allow Bradley to enter the proposed termination orders, the court ruled.

Last month, the COA ordered more proceedings in a termination case that also involved Cartmel and Bradley because the evidence was in conflict and credibility determinations had to be made.
 

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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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