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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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