ILNews

Court of Appeals dismisses termination-order appeal

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Because the parents of six children who were removed from their home did not timely initiate the appeal of termination of their parental rights, the Indiana Court of Appeals dismissed their appeal.

Father F.L. and mother C.B. appealed the trial court orders terminating their parental rights. The five youngest children were placed in foster care because of domestic violence and drug use; the oldest child was already out of the home in a residential placement due to a delinquency case. All the children were adjudicated as children in need of services.

On Aug. 20, 2010, the trial court terminated their parental rights to the five youngest children; on Aug. 23, the court terminated their parental rights to the oldest child. On Aug. 30, C.B. filed a notice of intent to appeal and request for appointment of counsel with the trial court; the father filed an identical notice the next day. The same appellate counsel was appointed to represent the parents. On Sept. 23, their appellate attorney filed a notice of appeal, requesting assembly of the clerk’s record and preparation of the transcript.

The parents filed a motion for permission to file belated notice of appeal with the trial court on Jan. 18, 2011. The trial court entered an order finding it had no authority to grant such relief in a civil matter, and filed with the COA a Notice to Court of Appeals of Untimely Notice of Appeal.

In Term. of Parent-Child Rel. of D.L., et al.; F.L. and C.B. v. I.D.C.S., No. 20A05-1009-JT-635, the appellate court found the parents’ appeal to be untimely. The judges rejected the parents’ argument that their notice of intent to appeal is “functionally equivalent” to the required notice of appeal. The notices of intent filed in August didn’t fulfill the requirements of a notice of appeal as described in Indiana Appellate Rule 9, wrote Chief Judge Margret Robb.

The parents also claimed that the notice of appeal is similar to the Indiana Tort Claims Act’s notice of tort claim requirements. But compliance with the notice requirements of the Tort Claims Act is a procedural precedent; the notice of appeal is jurisdictional, the judge wrote.

“Moreover, even if we were inclined to agree that the two should be treated similarly, the Notices of Intent to Appeal filed by Parents in this case do not fulfill the purpose of the notice of appeal requirement – to serve as a mechanism to alert the trial court and the parties of the initiation of an appeal and to trigger action by the trial court clerk and court reporter, setting in motion the filing deadlines imposed by the Appellate Rules,” she wrote.

The judges then reviewed the record because of the constitutional dimensions of the case and found no clear error in the trial court’s decision.

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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