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Judges reverse termination of parents' rights

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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.”


 

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

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  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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