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COA affirms mom’s termination of rights despite ‘clean screen’ given to judge

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An Indianapolis mother with a history of drug abuse and domestic violence failed to persuade the Indiana Court of Appeals to reverse the termination of her parental rights, even though she introduced herself to the presiding judge after oral arguments and had a student deliver to the judge evidence of a clean drug screen taken a day earlier.

Judge Paul Mathias delivered the court opinion Tuesday in In the Matter of the Termination of the Parent-Child Relationship of: A.D.S. & A.S. and L.S. v. The Indiana Department of Child Services, 49A02-1207-JT-604. The court affirmed termination of mother’s parental rights to her two children after a record of failed attempts at rehab, domestic offenses involving the children’s father and evidence that she threatened to physically harm herself.

The opinion includes a footnote indicating that mother L.S. traveled to hear oral arguments at Taylor University in Upland last month, introducing herself to Mathias afterward. “Later, Mother asked a student to deliver documentation of her ‘clean’ urine screen dated April 11, 2013, to Judge Mathias. Although the documentation was received, its receipt and surrounding circumstances were disclosed to counsel in a conference call the following business day, and the results were not considered in this opinion, as it was evidence outside the record.”

Mathias wrote for the court that the mother had tested negative for cocaine on recent screens, but also evaded screens and tested positive a week prior to her termination hearing and while her appeal was pending. The mother also had parental rights terminated previously for older children. The record also shows her children have thrived after placement outside mother’s home.

Mathias emphasized the trial court’s finding that mother had “failed to demonstrate the capacity to remain sober on a consistent and permanent basis.”

“For all these reasons, we conclude that the totality of the evidence supports the trial court’s determination that termination of Mother’s parental rights is in the children’s best interest.” Mathias wrote. “We conclude there was sufficient evidence that there is a reasonable probability that the reasons for the Children’s placement outside the home will not be remedied.”



  
 

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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