ILNews

End of parental rights not based on disability

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals affirmed the involuntary termination of a couple's rights to their children, ruling the final order was valid even without the presiding magistrate judge's signature, and the fact the mother has a hearing disability was not a reason why the mother's parental rights were ended.

In R.W. Sr. (father) and D.B.W. (mother) v. Marion County Dept. of Child Services, et al., No. 49A04-0801-JV-64, married parents R.W. Sr. and D.B.W. challenged the court's decision to terminate their parental rights over their children, of which R.W. Sr. was the father of only R.W. Jr.

The two raised several issues on appeal, including whether the final order was valid because the presiding magistrate judge didn't sign it, whether the state met the statutory requirements to terminate the parental rights, and whether the state terminated D.B.W.'s parental rights because she has a hearing disability.

The children were removed from the home because of unsafe living conditions after R.W. Jr. was found roaming outside his house alone. The parents completed some court-ordered services, such as parenting classes and home-based counseling, but they didn't progress toward being allowed to have unsupervised visits. They also didn't comply with all the court-ordered services.

The children had been out of the home for more than three years when Magistrate Judge Danielle Gaughan presided over the fact-finding hearing and terminated the couple's parental rights in early 2008. Marion Superior Judge Marilyn Moores was the only one to sign the judgment.

D.B.W. argues this requires the order to be reversed because the order is technically deficient, but nothing in Indiana Code requires a magistrate judge to sign the final order, only to report his or her findings to the trial court, wrote Judge Ezra Friedlander.

After reviewing the juvenile court's record, the Court of Appeals found that court did not base its decision to terminate D.B.W.'s parental rights based on the fact she has a significant hearing disability that challenges her ability to communicate with her children. Instead, the court considered her refusal to take the necessary steps to bridge communication - adjust her hearing aids or learn sign language, Judge Friedlander wrote.

The appellate court also found the juvenile court met all the statutory requirements necessary for termination of the couple's parental rights, and that it was in the best interest of the children that they remain outside of the home, the judge wrote.
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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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