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High court reverses termination of mom's rights

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The majority of Indiana Supreme Court justices ruled in a parental termination case that the evidence presented didn't clearly show a mother's rights to her son should be terminated. One justice dissented because he believes an appellate court should defer to the lower court in assessing the facts of a case.

In the Involuntary Termination of Parent-Child Relationship of G.Y.; R.Y., mother; and G.Y., father v. Indiana Department of Child Services and Child Services, No. 49S02-0902-JV-091, the high court April 24 reversed the termination of R.Y.'s parental rights to her son, G.Y., because the majority believed the termination was clearly erroneous based on the evidence.

R.Y. had her son in April 2004 and took care of him for nearly 20 months until she was arrested and incarcerated for a drug offense that took place a year before G.Y.'s birth. She failed in getting a relative or friend to care for her son while she was in prison, so G.Y. was placed in foster care and deemed to be a child in need of services. R.Y. was ordered to participate in certain classes, find a job and housing, and other matters before she could be reunited with G.Y. after being released from prison. While incarcerated, she maintained contact with her son and had regular visits with him.

In 2007, the state filed a petition to terminate the mother's parental rights, which the trial court granted. The Indiana Court of Appeals affirmed.

The justices examined the evidence presented to support the termination of R.Y.'s parental rights, and the majority ruled the evidence didn't clearly and convincingly support ending her parental rights. They examined the likelihood she would re-offend, the effects on G.Y. of an additional period of instability, R.Y.'s new job and housing when she is released, G.Y.'s bond with his foster parents, and the degree of interaction with G.Y. while his mother was in prison to come to their conclusion.

The majority didn't find the likelihood she would re-offend, the amount of time it will likely take her to comply with the conditions of the court's participation decree, the fact G.Y. is closer to his foster parents right now than his mother, or G.Y.'s need for immediately permanency through adoption to be sufficiently strong reasons - alone or in conjunction with the trial court's other reasons - to determine termination was in G.Y.'s best interest, wrote Justice Frank Sullivan. The majority also noted there were some programs and assessments R.Y. couldn't complete until after she was released from prison.

In his dissent, Justice Theodore Boehm believed an appellate court should be very reluctant to conduct its own assessment of the cumulative effect of the factors above on the child and the mother's likelihood of addressing the problems that led to the dispositional order. The review of the factors turns on a judgment as to the credibility of the witnesses both to their accounts of past events and their evaluation of R.Y.'s future ability to parent and G.Y.'s ability to thrive.

"I certainly agree that there is unfairness in a CHINS dispositional order that includes directives to the mother that she is incapable of fulfilling while incarcerated," wrote the justice. "But I read the trial court's order as turning on the child's best interests and the determination that the conditions leading to the child's removal will not be remedied - not the mother's failure to comply fully with the dispositional order."

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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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