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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. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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