ILNews

Court reverses because of DCS notification policy

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has reversed the parental right termination decision made by a trial court, ruling that both the court and Indiana Department of Child Services in Porter County denied a biological father his due process by not notifying him of CHINS proceedings that ultimately led to his paternal rights being taken away.

An appellate ruling came today in Term. of Parent-Child Rel. of J.S.O.; S.O. v. Indiana Department of Child Services, 64A05-1005-JT-304, which involved a child born in May 2008 and two biological parents who weren’t married but had determined paternity at an Oklahoma hospital following the birth of J.O.

The father was arrested that year and extradited to Indiana on an outstanding warrant, and he has not had contact with J.O since then. In July 2008, the mother was arrested on cocaine and drug paraphernalia charges and the child was taken into protective custody, starting this CHINS process. But the Porter County DCS officials didn’t notify the father of any of those proceedings despite having his vital information and knowing about the out-of-state paternity affidavit, stating an agency policy that presumes paternity has not been established if a child is born out of wedlock in another state and a court order indicating otherwise hasn’t been issued.

Once the CHINS hearing was finished, the DCS did notify the father that the parental termination hearing was taking place and he got involved at that point and stayed a part of the case. Despite the father’s objections, in April 2010 the trial court ruled against him and involuntarily terminated his rights to the child, so he sued.

The three appellate judges all agreed that the state agency and Porter County trial court had “blatantly ignored” state statute and due process. They looked at Indiana Code 31-34-3-4 requiring notice to each of the child’s parents, and IC 31-34-3-4(2) that requires the DCS to make a good faith effort to contact the child’s parents within six hours after the child has been taken into custody.

“Notwithstanding our holding today, we pause to clarify that we are not commenting upon the sufficiency of the evidence in this case or on the extent to which a county office of the Indiana Department of Child Services must provide services to parents in a CHINS case,” Judge Patricia Riley wrote, being joined by Judge L. Mark Bailey. “Nor should this opinion be construed as adding an additional element to those already required by Indiana’s termination statute. Rather, we simply cannot ignore PCDCS’s and the trial court’s failure to follow numerous and substantial statutory mandates in this matter."

Judge James Kirsch agreed that the father was denied due process during CHINS proceedings, but he wrote in his dissent that this did not deprive him of procedural due process with respect to the termination of his parental rights. He cited how the father was given notice on the termination hearing, and the evidence of his past history clearly showed the termination rights should be terminated – as the trial court had done. The majority’s decision will result in enormous disruption to the child’s life, he wrote.



 

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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

ADVERTISEMENT