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. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. 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?)

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