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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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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