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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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