Mother’s appeal of termination of parental rights dismissed

Back to TopCommentsE-mailPrintBookmark and Share

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.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  2. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  3. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  4. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.

  5. Call Young and Young aAttorneys at Law theres ones handling a class action lawsuit