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Court affirms termination of parental rights without case plan

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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.


 



 

 

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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