ILNews

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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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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