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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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