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COA sets standard in parental rights cases

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In addressing a statutory inconsistency on parental rights terminations, the Indiana Court of Appeals has held that trial judges must offer findings of fact in those types of cases just as they're required to by law for children in need of services cases and grandparent visitation matters.

The three-judge appellate panel issued that holding today in a unanimous decision on In The Matter of the Termination of Parental-Child Relationship of A.K., Minor Child., and A.S. Mother and O.K., Father, v. Ind. Dep't of Child Services, St. Joseph County, No. 71A05-0905-JV-261, which comes out of the courtroom of St. Joseph Probate Judge Peter Nemeth.

The case involves the biological parents of A.K., who was born in 2004 and declared a CHINS by the time she was 3 years old. Facts of the case show that both parents had various legal, mental, and other problems leading up to the court's and DCS involvement. In April 2009, Judge Nemeth issued an order terminating both parents' rights but didn't make any findings of fact.

On appeal, the case was fully briefed before the Indiana Court of Appeals in early October and within a month the appellate court ordered Judge Nemeth to enter a revised final order containing complete findings of fact in support of his decision. After an extension, Judge Nemeth in January filed a motion to vacate the appellate court's order from late last year. Specifically, he claimed the higher court's order requiring complete findings of fact "is not authorized by the Indiana Rules of Procedure and usurps the power of the Supreme Court of Indiana to control practice and procedure in all the Courts of Indiana."

The appellate court denied Judge Nemeth's order in January and threatened to find him in contempt if he didn't comply by February. Judge Nemeth asked the Supreme Court to accept jurisdiction, but the justices dismissed that transfer motion in February. Judge Nemeth entered his findings that same week.

On the merits, the Court of Appeals ultimately affirmed Judge Nemeth's judgment in today's ruling, finding that clear and convincing evidence supports his decision terminating the parents' rights. But the panel first tackled the procedural hurdles that Judge Nemeth had raised about statutory requirements for findings of fact, issuing a holding that will impact all cases of this kind.

"The probate court was not statutorily required to enter findings of fact in issuing its judgment involuntarily terminating Mother's and Father's parental rights to A.K.," Judge Paul Mathias wrote for the panel, citing caselaw from Parks v. Delaware County Dep't of Child Servs., 862 N.E.2d 1275, 1278 (Ind. Ct. App. 2007). "But where, as here, the rights invoked are of constitutional magnitude, our review cannot begin and end with the mere fact that applicable statutes do not require a trial court to support its conclusions with any identifiable rationale."

Judge Mathias concurred with the earlier panel in Parks that found a trial court's termination order should include those findings and conclusions as law because of the serious and permanent nature of these parental rights proceedings.

"We believe that a judgment terminating the relationship between a parent and child is impossible to review on appeal if it is nothing more than a mere recitation of the conclusions the governing statute requires the trial court to reach. Indiana's parents and children deserve more, and the basis notions of due process inherent in our system of justice demand more," the court wrote, citing the CHINS and grandparent visitation statutes that require these findings.

"We hold today that our trial courts must treat them accordingly, with the constitutional gravity they clearly have, and enter findings of fact that support the entry of the conclusions called for by Indiana statute and the common law," the court wrote.

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  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?

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