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COA: Parental rights should be ended

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The Indiana Court of Appeals reversed a trial court's decision to continue the parental rights of two incarcerated parents, finding it to be in the child's best interest to sever the rights because the parents possibly won't be released from prison for two more years.

In In Re: The termination of the parent-child relationship of J.M.; Daniel G. Pappas, guardian ad litem v. A.S., mother, A.M., alleged father, and the Allen County Department of Child Services, No. 02A05-0807-JV-416, Daniel Pappas, as guardian ad litem for J.M., appealed the trial court's denial of the Allen County Office of Family and Children's petition to terminate A.S. and A.M.'s parental rights. Both had been incarcerated on drug charges since 2004, when J.M. was nearly 4 years old. J.M. had bounced around between family members and foster care and has remained in foster care since January 2006.

The trial court denied the petition to terminate parental rights, citing Rowlett v. Vanderburgh County Office of Family and Children, 841 N.E.2d 615 (Ind. Ct. App. 2006), in which a father's parental rights weren't terminated because he would be getting out of prison in six weeks, had secured housing and a job, and the children would continue to live with their grandparents until he was able to care for them. The trial court in the instant case found the J.M.'s parents' release dates to be "soon" and that they had completed many required services under the dispositional decree while incarcerated.

But Rowlett is different from the instant case, wrote Judge Carr Darden. J.M.'s mother's earliest release date is April 2009 if she completes college courses; his father's current release date is January 2010. Neither has shown they have secured employment or housing once they are released, wrote the judge. As a result of the trial court's ruling, J.M. would have to remain in foster care for two more years, or possibly longer until his parents could secure a job and home.

The Allen County Office of Family and Children presented clear and convincing evidence A.S. and A.M. are unable to provide a safe and stable environment for J.M. and that it is in his best interest the parental rights are terminated, wrote Judge Darden. J.M. hasn't seen his parents since 2005 and only communicates with his mother through an occasional letter or phone call.

The appellate court remanded to the trial court with instructions to enter an order terminating A.S. and A.M.'s parental rights.

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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