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COA reverses termination of mother's parental rights

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The Indiana Court of Appeals found Thursday that the trial court findings in a parental termination case out of Dearborn County do not support the decision to terminate a mother’s parental rights to three of her children.

In Term. of Parent-Child Rel. of C.M., G.M., and R.M.; A.M. (Mother) and C.M. (Father) v. Indiana Dept. of Child Services, Dearborn County Office, No. 15A01-1104-JT-204, mother A.M. argued that the Department of Child Services didn’t establish by clear and convincing evidence the necessary statutory elements to support ending her parental rights. The COA agreed with her and reversed the trial court.

A.M.’s husband and the father of the three children at issue in this case was charged with battering the children while A.M. was in jail on a theft charge. He was later incarcerated in Florida and the children were placed back into A.M.’s care after being adjudicated as children in need of services. She received home-based family services, but issues arose when her boyfriend began staying with her. While serving a search warrant at her apartment, police found marijuana and the children were placed in foster care. DCS moved to terminate A.M.’s parental rights.

At an evidentiary hearing, A.M. said she was living alone in a three-bedroom trailer with her newborn twins, had income through unemployment benefits and was receiving outpatient drug treatment. The trial court terminated her parental rights to the three older children.

On appeal, she claimed that the trial court erred in determining that conditions weren’t remedied and removal was in the best interest of the children. The appellate court found the trial court made no factual determinations with respect to the evidence of changed conditions with the mother. The trial court is to judge parental fitness at the time of the termination hearing, while taking into consideration evidence of changed conditions, wrote Judge L. Mark Bailey.

“Here, the court’s focus on historical conduct, absent factual findings as to Mother’s current circumstances or evidence of changed conditions, is akin to terminating parental rights to punish the parent. And, without more, the findings are insufficient to establish each element necessary to support the conclusion that termination is warranted in this case,” he wrote.

Judge Carr Darden concurred in result.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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