ILNews

Court affirms termination of parental rights without case plan

Back to TopCommentsE-mailPrintBookmark and Share

Morgan County parents, including a father who dealt meth to a confidential informant while his wife and three minor children were present, lost an appeal of their termination of parental rights Tuesday.

Mother B.A. and father J.A. were charged in February 2012 with drug and child-neglect offenses. The parents were arrested and their children placed into foster care by the Department of Child Services.

The parents admitted they were unable to care for their two girls and one son who at the time of the arrest were between the ages of 4 and 7. They were adjudicated children in need of services at an initial hearing about two weeks after their parents’ arrest.

Afterward, father was convicted of Class B felony dealing in methamphetamine and sentenced to 14 years in prison with four years suspended. Mother pleaded guilty to one count of Class D felony neglect and was released to probation, but after a drug violation, reunification efforts ceased.

On appeal, mother claims a due process violation because she was neither given nor signed a case plan pursuant to I.C. 31-34-15-1, -2. But Judge Terry Crone wrote for the panel that the record shows it wasn’t mother’s lack of knowledge about what she needed to do to get her children back, but instead lack of participation.

“While we caution the DCS to be more cognizant of the statutory framework by which it is to abide, which includes providing a case plan to each parent, we cannot conclude that its failure to provide one to Mother resulted in a procedural irregularity so egregious that she was denied due process of law. Thus, Mother’s argument fails,” Crone wrote.

Mother and father each also failed to persuade the panel that evidence to support termination of their parental rights was insufficient. The case is In re the Termination of the Parent-Child Relationship of C.A., L.A., and M.A. (Minor Children) and B.A. (Mother) and J.A. (Father) v. The Indiana Department of Child Services,
55A04-1401-JT-37.


 



 

 

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My name is joan, I live in United kingdom..I am here to say a big thank you to Dr odun for helping me and making me smile again, after reading a lot of testimonies about Dr odun i wrote him and told him to help me restore my marriage as my home have been scattered for 3yrs now, He replied my email and told me to send my pic and my husband pic and some other things, which i did and he said he will be done in 48hrs, with hope i slept and on the 3rd day Nathaniel called me and asked if i could pack my things to his place and forgive him, i was shocked and this is how dr odun helped me in restoring my. home Contact him: drodunhealinghome@aol.com or his website on drodunhealinghome.webs.com

  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

ADVERTISEMENT