ILNews

Divided Supreme Court reinstates parental termination order

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The Indiana Court of Appeals impermissibly reversed termination of a father’s parental rights, a majority of the Indiana Supreme Court ruled Friday in reinstating a trial court order.

Justice Loretta Rush wrote for the majority in a 4-1 decision that a divided COA panel that overturned the trial court “contravened the standard of review by reweighing the evidence. We therefore affirm the trial court’s judgment.”

The case arose from the court of former Lake Superior Judge Mary Beth Bonaventura, who since has been appointed to lead the Department of Child Services. The court stripped a father of visitation because of a history of abuse of the children’s mother and failure to comply with court-ordered services.

Father later was convicted of a firearm charge and imprisoned in Illinois, where he complied with anger-management programs and sought to reform himself, according to the record. When released, he contacted DCS in an effort to see his children who since had been placed with maternal grandparents.

The majority of justices held that the Court of Appeals could not substitute its judgment that too little credence was given to the father’s efforts for the findings of the trial court. The case is In the Matter of the Termination of the Parent-Child Relationship of E.M. and El.M., E.M. v. Indiana Department of Child Services, 45S03-1308-JT-557.  

“The Court of Appeals’ focus on Father’s recent efforts was understandable, but nevertheless amounted to reweighing the evidence,” Rush wrote, noting that “the evidence here was close.

“… It was not clearly erroneous for the trial court to conclude that after three and a half years, Father’s efforts simply came too late and that (his children) needed permanency even more than they needed a final effort at family preservation,” the majority held.

Justice Robert Rucker dissented. “In a carefully worded and well reasoned memorandum decision the Court of Appeals concluded there was insufficient evidence to support the trial court’s judgment terminating Father’s parental rights,” he wrote in agreeing with the COA’s reversal.

Rucker noted there was no evidence in the record that the children were ever abused and evidence was deficient to support removal being in the children’s best interest. Noting the majority view that the evidence was “close,” he wrote, “But this is not a game of horseshoes and close is not good enough.

“In order to terminate a parent’s parental rights the State must prove its case by clear and convincing evidence. It has failed to do so.”


 

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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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