ILNews

COA: Parental rights termination set aside

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals reversed a juvenile court's termination of parental rights of both parents of an infant, finding evidence presented to support the termination wasn't clear or convincing.

In In the matter of the termination of the parent-child relationship of A.B., and Angela B. and Brian J. v. Lake County Department of Child Services, No. 45A03-0712-JV-567, the appellate court ruled the court's judgment terminating the parental rights of Angela and Brian over A.B. was erroneous because the Lake County Department of Child Services failed to prove that the continuation of their relationship with the child posed a threat to their daughter's well-being.

DCS became involved with the parents after Angela took A.B. to the hospital because one of her toes had become black following an infection. A.B. was placed in emergency custody on the basis of suspected medical neglect.

A.B. was determined to be a child in need of services, and the juvenile court ordered the parents to participate in drug and alcohol evaluations, treatment recommendations, and parenting classes.

Both parents complied with all of the court orders. During the CHINS proceedings Angela and Brian moved their children - except A.B. who remained in the care of the state at the Nazareth Home - to Pennsylvania to better their home life and employment prospects. During this time, the juvenile court called for the termination of their parental rights and allowed for A.B. to be placed in a pre-adoptive foster home.

The juvenile court terminated the parents' rights to A.B. finding it wouldn't be in A.B.'s best interests to be reunified with her parents.

However, Judge Nancy Vaidik wrote, the findings made by the juvenile court didn't satisfy the burden to show A.B. needed to be removed. Also, the parents complied with all of the court's orders and had no history of abuse or neglect of any of their children, including A.B.

"Without clear and convincing evidence to support each of the factors set forth in Indiana Code (Section) 31-35-2-4(b)(2), we cannot affirm the termination of a parent-child relationship. Accordingly, the juvenile court's decision to terminate Mother's and Father's parental rights must be set aside," she wrote.
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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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