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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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