ILNews

Divided Supreme Court reinstates parental termination order

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The Indiana Court of Appeals impermissibly reversed termination of a father’s parental rights, a majority of the Indiana Supreme Court ruled Friday in reinstating a trial court order.

Justice Loretta Rush wrote for the majority in a 4-1 decision that a divided COA panel that overturned the trial court “contravened the standard of review by reweighing the evidence. We therefore affirm the trial court’s judgment.”

The case arose from the court of former Lake Superior Judge Mary Beth Bonaventura, who since has been appointed to lead the Department of Child Services. The court stripped a father of visitation because of a history of abuse of the children’s mother and failure to comply with court-ordered services.

Father later was convicted of a firearm charge and imprisoned in Illinois, where he complied with anger-management programs and sought to reform himself, according to the record. When released, he contacted DCS in an effort to see his children who since had been placed with maternal grandparents.

The majority of justices held that the Court of Appeals could not substitute its judgment that too little credence was given to the father’s efforts for the findings of the trial court. The case is In the Matter of the Termination of the Parent-Child Relationship of E.M. and El.M., E.M. v. Indiana Department of Child Services, 45S03-1308-JT-557.  

“The Court of Appeals’ focus on Father’s recent efforts was understandable, but nevertheless amounted to reweighing the evidence,” Rush wrote, noting that “the evidence here was close.

“… It was not clearly erroneous for the trial court to conclude that after three and a half years, Father’s efforts simply came too late and that (his children) needed permanency even more than they needed a final effort at family preservation,” the majority held.

Justice Robert Rucker dissented. “In a carefully worded and well reasoned memorandum decision the Court of Appeals concluded there was insufficient evidence to support the trial court’s judgment terminating Father’s parental rights,” he wrote in agreeing with the COA’s reversal.

Rucker noted there was no evidence in the record that the children were ever abused and evidence was deficient to support removal being in the children’s best interest. Noting the majority view that the evidence was “close,” he wrote, “But this is not a game of horseshoes and close is not good enough.

“In order to terminate a parent’s parental rights the State must prove its case by clear and convincing evidence. It has failed to do so.”


 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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