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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. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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