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Mother’s appeal of termination of parental rights dismissed

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The Indiana Court of Appeals has dismissed a mother’s appeal from the order terminating her parental rights to her twins, ruling she forfeited her right to appeal because she failed to file a timely notice of appeal.

Mother B.J.G. has a history of domestic violence, drug abuse, mental illness and periods of incarceration. Mother does not have custody of any of her seven children. She was incarcerated when she gave birth to twins, J.G. and C.G. The Department of Child Services initiated a child in need of services petition regarding the twins after mother tested positive for methamphetamine while pregnant.

The children were removed from her care and mother failed to complete any of the services and counseling needed to regain custody. She also repeatedly failed drug testing.

The trial court issued the order March 25, 2013, terminating her parental rights to the twins. She filed a notice of intent to appeal April 3 and asked for appointment of outside counsel for the appeal. The trial court appointed appellate counsel April 25 and she filed her notice of appeal May 3, past the 30-day time limit for filing appeals of final judgments.

The Court of Appeals dismissed her appeal, noting that it is untimely. The judges rejected her claim that the court should ignore the 30-day time limit in Appellate Rule 9(A) because appellate counsel was not appointed until the 30-day time limit had expired, citing In Re the Involuntary Termination of the Parent-Child Relationship of D.L., 952 N.E.2d 209 (Ind. Ct. App. 2011).

“Mother is not eligible to file a belated appeal under P.C.R. 2, and her Notice of Appeal was not timely filed; therefore, we conclude that she has forfeited her right to appeal the trial court’s order terminating her parental rights,” Judge Paul Mathias wrote in In the Matter of the Termination of the Parent-Child Relationship of: J.G. and C.G. (Minor Children) and B.G. (Mother) v. The Indiana Department of Child Services, 84A05-1305-JT-219.

The judges also found sufficient evidence supports the decision to terminate her parental rights.
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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