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COA concerned about some details in termination case

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In affirming the involuntary termination of a mother’s parental rights, the Indiana Court of Appeals noted some troubling details involving the case.

Mother Z.G. appealed the termination of her parental rights of her daughter, C.G., whom she left in the care of a neighbor or then-boyfriend when she went to Utah and was arrested on drug charges. During that time, C.G. was sexually abused. C.G. was placed in foster care and has remained with that family.

The mother was originally jailed in Utah but then transferred to the custody of the U.S. Marshal’s Office in the Southern District of Indiana and jailed in Kentucky. Attempts to find her by Department of Child Services case managers failed, and mother wasn’t located until several months later when she learned from a friend there were termination and child in need of services proceedings regarding C.G.

Mother’s requests to appear in person at the hearings in Marion Juvenile Court were denied and she appeared via telephone. On appeal in Term. of parent-child rel. of C.G.; Z.G. v. Marion County DCS and Child Advocates, No. 49A04-1002-JT-75, mother claimed DCS and the trial court deprived her of due process, the trial court abused its discretion by excluding evidence regarding the permanent disposition for C.G., and there’s insufficient evidence to support the termination.

The Court of Appeals ultimately affirmed the termination but took issue with several details in the case. One DCS case manager’s affidavit of diligent inquiry filed when DCS sought to serve notice upon Z.G. by publication contained an inaccuracy. It said that the case manager had asked “family acquaintances regarding the parent’s whereabouts,” but the manager testified he used a form to generate the affidavit and that statement couldn’t be removed. He didn’t contact any family acquaintances. Judge Nancy Vaidik wrote that his attitude toward executing a sworn affidavit is “troubling,” but the inaccuracy didn’t increase the error in termination proceedings.

The appellate panel was also concerned by the fact that the DCS case manager, who first received a letter from the mother in November 2008, didn’t tell her a CHINS case was pending in his response letter in December 2008. The mother didn’t learn of the proceeding until she received an advisement of rights form and copy of the CHINS petition in a February 2009 letter, a little less than a month before DCS filed its petition for termination.

“DCS’s delay in sending Mother a copy of the CHINS petition and an advisement of rights effectively precluded Mother from participating in the CHINS case in its later stages and cannot be condoned. Nevertheless, we cannot conclude that DCS’s dilatory behavior substantially increased the risk of error in the termination proceedings,” Judge Vaidik wrote.

Finally, the appellate judges were troubled by the Marion Superior Court’s policy that juvenile prisoners cannot be within sight or hearing of adult prisoners, and the Juvenile Division lacks the facilities to separately house adult and juvenile offenders at the Juvenile Center. There is a blanket policy preventing adult inmates from participating in person in proceedings at the center, thus mother had to participate by telephone.

“As the evidence at the hearing shows, there are other Marion County courts with the capacity to hold adult prisoners, and those could be used in termination proceedings when necessary,” she wrote. “We can foresee circumstances under which an incarcerated parent’s in-person participation in a termination proceeding would be necessary, and the Marion Superior Court’s policy could deprive parents of their right to due process in those circumstances.”

Nonetheless, the judges found Z.G.’s due process rights weren’t significantly compromised by her telephonic participation because she was represented by counsel, she testified during the hearing, and was able to authenticate exhibits her counsel sent her.
 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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