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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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