COA reverses termination of father's rights

Jennifer Nelson
January 1, 2008
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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.

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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.