ILNews

COA: Parental rights termination set aside

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

ADVERTISEMENT