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Justices: Mother entitled to attorney during CHINS proceedings

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Because a mother was denied her statutory right to counsel during the course of child in need of services proceedings, and those proceedings directly flowed into the action to terminate her parental rights and adopt out her child, the Indiana Supreme Court vacated the judgment terminating her parental rights.

Mother J.A. waived her right to counsel at an initial CHINS hearing and her son G.P. was found to be a CHINS. At the next CHINS review hearing, J.A. asked for counsel and the trial court found she was indigent and entitled to an attorney, but never appointed one to her case. She failed to show at additional CHINS hearings and the Department of Child Services decided to change the plan from reunification to adoption, with G.P. being adopted by his paternal grandparents, who had been caring for him during the proceedings.

J.A. was appointed an attorney for the TPR proceedings, at which time the trial court granted the adoption. The Court of Appeals affirmed.

In In re the Involuntary Termination of the Parent-Child Relationship of G.P., a Minor Child, and His Mother, J.A. v. Indiana Department of Child Services and Child Advocates, Inc., 49S02-1308-JT-558, the justices found J.A. had a right to counsel after reading the juvenile statutes – I.C. 31-32-4-1, -3 and 31-34-4-4-6, collectively.

“Reading the juvenile statutes collectively, Section 31-32-4-1 provides that parents in TPR proceedings are entitled to be represented by counsel, along with ‘[a]ny other person designated by law.’ And one such person ‘designated by law’ – designated by Section 31-34-4-6 specifically – is the indigent parent who requests a court-appointed attorney in a CHINS proceeding and is found by the trial court to be indigent. To the extent the trial court ‘may’ appoint counsel to represent a parent in another proceeding, it would be pursuant to Section 31-32-4-3. It does not have discretion in a circumstance falling under Section 31-34-4-6,” Justice Steven David wrote.

The justices rejected DCS’ claim that J.A. permanently waived her right to counsel or invited the due process violation because she did not contest the failure to appoint her an attorney at the subsequent hearings. They found it inappropriate to hold J.A. to the standards of an attorney at subsequent hearings when counsel was never actually appointed.

“And without question it was fundamentally unfair to tell J.A. she would receive appointed counsel, as she was entitled to by statute, and then not follow through with the appointment but instead continue with proceedings challenging her fitness as a parent,” the opinion states.

The CHINS action and TPR actions are “almost inextricably linked and the defectiveness of one inevitably has a destructive collateral impact on the other,” David wrote. “The undoing of the CHINS process here compels the undoing of the TPR process.”
 

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  1. Good riddance to this dangerous activist judge

  2. 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.

  3. 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.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. 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

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