Judges reverse termination of parents' rights

Back to TopCommentsE-mailPrintBookmark and Share

In a case filled with several errors and discrepancies, the Indiana Court of Appeals has reversed the termination of parental rights of a mother and two fathers because the Department of Child Services failed to meet the burden of proving that termination is in the best interest of the children.

Mother B.G., her husband H.H.G., and ex-husband C.L.D. appeal the termination of parental rights over the three boys – C.D., H.G. and E.G. The boys were declared children in need of services because of the mother’s and her ex-husband’s incarceration and H.H.G.’s drug use.

In Term. of Parent-Child Rel. of H.G., E.G., and C.D.; and B.G. (Mother), H.H.G. (Father), and C.L.D. (Father) v. Indiana Dept. of Child Services, No. 30A01-1103-JT-267, the appellate court found the record showed that the children had a bond with their parents and that the parents had made progress during the pendency of the case. The case manager and court-appointed special advocate testified the children needed permanency, but the DCS didn’t identify any potential permanent home for the children.

“Because the parents appear willing to continue cooperating with DCS and working toward reunification and because there is no indication that allowing the parents more time to do so will harm the children, we conclude that DCS failed to show that termination is in the children’s best interest,” wrote Judge Terry Crone.

The judges pointed out in the 39-page opinion issues with how the trial court and DCS handled the case, including no explanation as to why the children’s grandmother couldn’t take the boys because of her dogs and that family case manager Katie Huntsman’s opinion that continuation of the parent-child relationship was a threat to the children’s well being because “no progress” was made wasn’t supported by the evidence. Crone pointed out that several findings in the termination orders took a similarly overstated tone or were inaccurate.

There was also an issue as to whether DCS technically complied with the law – which the judges decided not to resolve in the opinion – regarding Huntsman’s last two reports filed before the termination hearing that included documentation that the children’s foster parents,  E.N. and C.N., were considered the adoptive family.

“DCS left the parents, the court, and the children’s CASA with the misleading impression that E.N. and C.N. were in the process of adopting the children, when in reality that placement was in jeopardy due to a licensing complaint. The record in this case also raises the disturbing possibility that DCS intentionally delayed its response to the first licensing complaint in order to leave this misleading impression intact. We note that DCS is legally required to disclose a wide array of information to the court and parties,” wrote Crone in a footnote. “… we wish to emphasize that DCS’s actions were not consistent with its purpose and that we do not condone what happened in this case.”



Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  2. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  3. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  4. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.

  5. Call Young and Young aAttorneys at Law theres ones handling a class action lawsuit