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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. 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?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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