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DCS admits petition flawed; COA orders more proceedings

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The Gibson Circuit Court committed fundamental error in terminating the parental rights of a mother and father over their young child, the Indiana Court of Appeals held Friday. The Department of Child Services admitted that it failed to comply with statute when filing the petition to terminate their parental rights.

In Term. of the Parent-Child Rel. of: B.F. (Minor Child), and M.G. & S.F. (Father & Mother) v. The Indiana Dept. of Child Services, 26A04-1202-JT-90, parents M.G. and S.F. appealed Judge Jeffrey Meade’s decision to terminate their rights to their child, B.F. The DCS removed the child from the mother’s home in January 2010. The parents admitted to the allegations in the CHINS petition. On March 30, 2010, the parents signed a parental participation order, and the trial court entered its dispositional decree in May.

In October 2010, the DCS filed the petition to end M.G. and S.F.’s parental rights, alleging B.F. had been removed from their care for at least six months under the dispositional decree issued in March. But the petition contained no allegations that the trial court entered a finding under Indiana Code 31-34-21-5.6, nor did it allege that B.F. had been removed from the parents for at least 15 of the most recent 22 months, the appellate court noted.

Meade terminated their parental rights in February 2012.

“Here, DCS has conceded that its petition is jurisdictionally flawed. We acknowledge that DCS admits they failed to comply with the statute,” Judge Patricia Riley wrote.

The trial court entered the dispositional decree in May 2010, but the termination petition was filed in October 2010, less than four months after the entry of the dispositional decree and less than nine months after B.F. was removed from the home.

“Further, there is no evidence that the trial court ever entered a finding under I.C. § 31-34-21-5.6. Therefore, the only requirement alleged under I.C. § 31-35-2-4(b)(2)(A) was not true,” she wrote.

The case was remanded for further proceedings.

 

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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