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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. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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