Judges uphold termination of parental rights

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The Indiana Court of Appeals found ample evidence that a mother took little to no steps to correct the problems that led to her son’s removal and continued placement out of her care, so it affirmed the termination of parental rights. In its opinion, the judges also discussed Indiana Evidence Rule 201(b) regarding judicial notice of “records of a court of this state.”

In Term. of Parent-Child Rel. of D.K.; O.K. v. Indiana Department of Child Services, No. 22A01-1110-JT-485, mother O.K. appealed the termination of her parental rights to her son, D.K. He was removed from O.K.’s care in 2009 and placed in foster care after the Department of Child Services substantiated a report of neglect. D.K. was adjudicated as a child in need of services and O.K. was ordered to participate in several programs and obtain stable housing and employment. Over the course of the next two years, she lived at eight different residences, didn’t participate in services, and didn’t keep a job.

At the hearing to terminate her parental rights, she said she had just put a deposit down on an apartment with the help of her father and boyfriend. The trial court terminated her parental rights in 2011.

The appellate court found clear and convincing evidence that the conditions that led to D.K.’s initial removal and continued placement outside of his mother’s care would not be remedied. She had an opportunity to reunite with him, but instead was concerned more with her own desires than her son’s welfare.

The judges also discussed the fact that at the termination hearing, DCS asked the trial court to take judicial notice of the underlying CHINS proceedings, and the trial court agreed to do so. In its brief, the DCS related facts that are based on documents filed in the CHINS action that aren’t support by any evidence actually introduced at the termination of parental rights hearing. Neither party provided these documents for appellate review.

The trial court didn’t err in taking judicial notice of the CHINS proceedings based on Rule 201(b), but judicial review can present problems for appellate review, noted Judge Michael Barnes, citing the post-conviction case Graham v. State, 941 N.E.2d 1091, 1097. TPR cases are similar to PCR cases in that they often must refer to and rely heavily on records in different, but related proceedings, he wrote.

“In that respect, what we noted in Graham applies equally here, and in fact in any situation where a trial court takes judicial notice of records of another court proceeding in deciding a case. Evidence Rule 201(b) now allows trial courts to take judicial notice of records of other court proceedings, but if a court does so, there must be some effort made to include such 'other' records in the record of the current proceeding,” he wrote. “Furthermore, if a party on appeal wishes to rely on parts of the ‘other’ record or records in making an argument before this court, it should include those parts in an appendix submitted to this court under Indiana Appellate Rule 50.”


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues