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COA affirms ruling in 'unusual' termination case

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In an unusual case on appeal in which a mother's parental rights were terminated to only one of her five children during a termination hearing, the Indiana Court of Appeals affirmed the decision due to the circumstances of the case.

Lavonne Aikens appealed the termination of her parental rights to her son I.A. in the case In the Matter of Termination of Parental-Child Relationship of I.A. v. Indiana Department of Child Services, No. 02A05-0811-JV-660. I.A. is the youngest of her nine children and tested positive for cocaine at birth. I.A. also has a genetic disorder and multiple physical deformities. The Allen County Department of Child Services filed a petition alleging I.A. and four of his siblings were children in need of services. The children were placed in foster care, with I.A. placed with a different family. Aikens never developed a relationship with I.A., wasn't fully aware of his medical situation, and refused to donate blood to help doctors determine his genetic disorder.

The Court of Appeals described the case as "very unusual" in its opinion today, given that the rights to only one child were terminated in a hearing regarding five children. The circumstances of the case support the termination to parental rights of I.A., given Aikens' indifference towards her son, her lack of cooperation with doctors in giving blood to test for I.A.'s genetic disorder, and failure to contact a DCS family case manager to ask about I.A.

"Although we commend Mother for being drug-free at the termination hearing (and hope that she is still drug-free today), kicking a cocaine habit for eight months is one thing. But overcoming a pattern of indifference to a child who has many medical needs is quite another. The DCS has established a reasonable probability that Mother will not change regarding I.A.," wrote Judge Nancy Vaidik.

Aikens also argued that the totality of the evidence showed she complied with services such that the court denied terminating her parental rights to her other four children and the court speculated on her ability to care for I.A. But I.A. was treated separately by the attorneys and witnesses during the termination hearing for good reason, wrote the judge. Even Aikens' own counsel said in closing statements that counsel would understand if the court just terminated her rights to I.A. given Aikens' past and chance of relapse. Based on all of the evidence, the appellate court ruled the trial court's judgment wasn't erroneous.

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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