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. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.