ILNews

COA reverses termination of father's rights

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The Indiana Court of Appeals reversed a trial court order terminating the parental rights of a father, finding the trial court erred when it relied on an independent investigation to end his rights without giving the father a chance to view or respond to the investigation.

In In Re: The Matter of the Termination of the Parent-Child Relationship of S.F. and J.F., Michael Farley v. Allen County Child Services, No. 02A03-0707-JV-306, the appellate court was asked to decide whether Farley was denied due process when he was not allowed to respond to an independent investigation ordered by the trial court.

In July 2006, the Allen County Department of Child Services filed a petition to terminate Farley's parental rights of S.F. and J.F. because he had allegedly failed to maintain suitable living conditions. A trial was conducted in December 2006 on the matter; in February 2007, the trial court ordered an additional investigation of Farley's home by the Allen County Health Department. The court terminated Farley's parental rights in April 2007, citing the health department's report and how it reaffirmed that Farley's home is unsanitary.

The Court of Appeals reversed the trial court order, finding Farley's due process rights were denied by the use of the health department's report in terminating his rights. After the trial court received the report, it didn't conduct further proceedings and Farley wasn't able to cross-examine the inspector or offer his own evidence to contradict the report.

A parent must be able to view evidence used to terminate his or her parental rights and given the opportunity to respond, wrote Judge Michael Barnes. The trial court's off-the-record investigation and failure to give Farley the opportunity to respond created a high risk of error.

Even though DCS argued Farley didn't object to the order or file a motion to correct error, it was a fundamental error by the court and he did not waive his right to appeal this issue. Also, there was evidence the house was unsuitable for children when they were found to be CHINS; however, there was also evidence that Farley was slowly improving the home. If there was convincing evidence that the condition of Farley's home which led to the removal of the children had not been remedied, then the additional investigation ordered by the trial court wouldn't have been necessary, wrote Judge Barnes.

The Court of Appeals reversed the trial court order and remanded with instructions for the trial court to conduct another trial.
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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. 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?

ADVERTISEMENT