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COA affirms termination of parental rights for imprisoned mom

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A trial court was within its authority to terminate the parental rights of a mother serving a minimum 10-year federal prison sentence for conspiracy to deal heroin, the Indiana Court of Appeals ruled.

The court Friday affirmed the order of Henry Circuit Judge Mary Willis in In the Matter of the Termination of the Parent-Child Relationship of: Z.C., Minor Child, S.C., Mother v. The Indiana Department of Child Services, 33A01-1310-JT-434. The trial court found there was a reasonable probability that the conditions resulting in Z.C.’s removal from mother S.C.’s care would not be remedied and that the parent-child relationship posed a threat to Z.C.’s well-being.

Z.C. was born with controlled substances in his bloodstream, the opinion notes, and had to be hospitalized for weeks after his birth. Mother admitted to using heroin, morphine, Xanax and Oxycontin. Less than two months after Z.C. was born, S.C. was arrested on the federal charges and child in need of services proceedings began.

“DCS presented sufficient evidence that the conditions under which Child was removed from Mother’s care would not be remedied and that termination was in Child’s best interests," Judge Melissa May wrote for the panel. "Accordingly, we affirm."
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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