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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. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

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  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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