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COA affirms parental termination in child’s best interest

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A mother’s inability to adequately care for her child, leading to the girl’s failure to thrive, supports the termination of mother’s parental rights, the Indiana Court of Appeals held Thursday.

In In the Matter of the Termination of the Parent-Child Relationship of C.W. (Minor Child), and J.W. (Mother), v. The Indiana Department of Child Services, 26A01-1303-JT-113, mother J.W. argued she was denied due process during the child in need of services and termination proceedings and that the evidence doesn’t support removing her daughter C.W. Shortly after her birth, C.W. was hospitalized and diagnosed with failure to thrive; she also had apneic episodes when she would stop breathing. The Department of Child Services took custody of the girl and placed her in foster care.

C.W. was alleged to be a CHINS because J.W. cancelled doctor appointments, improperly fed her daughter, and allowed the girl to sleep on her stomach despite the risks. Over the course of 18 months, the mother didn’t significantly improve her skills with feeding her daughter or keeping her safe from household dangers. The trial court granted DCS’ petition to terminate parental rights in February.

J.W. claimed that a social worker told her that C.W. wouldn’t be returned and she should consider termination of parental rights. J.W. argued this led her to believe cooperation with services was “futile” and denied her due process. The appellate court rejected the claim because she did not show she was deprived of the chance to be heard at a meaningful time and in a meaningful manner.

The evidence supports ending J.W.’s parental rights. The evidence shows she was unable to understand C.W.’s needs and develop the necessary skills to satisfy those needs. The mother also didn’t believe she needed intervention by service providers. The findings of fact support that termination of parental rights was in C.W.’s best interests.
 

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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