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Justices reverse termination of parental rights in 2 cases

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In two short, per curiam decisions, the Indiana Supreme Court found the parental rights of two Marion County parents should not have been terminated because of due process violations after the magistrate who heard their cases resigned before reporting recommended findings and conclusions.

Marion Superior Magistrate Judge Julianne Cartmel presided over the termination hearings involving father T.P. and mother K.G. and their respective children. After the hearing, she took the matter under advisement, but resigned her position before reporting recommended factual findings and conclusions to Marion Superior Judge Marilyn Moores. Both cases were transferred to Magistrate Judge Larry Bradley, who, without holding a new evidentiary hearing, reviewed the hearing records and reported recommended findings and conclusions.

Moores approved the findings and ordered both parents’ rights terminated. The Court of Appeals affirmed in both cases, finding no due process violations. The appeals court cited Trial Rule 63(A) as authorizing Bradley to report recommending findings and conclusions without holding a new evidentiary hearing in T.P.’s case, but that rule is inapplicable, the justices held.

“A party is entitled to a determination of the issues by the judge who heard the evidence, and, where a case is tried to a judge who resigns before determining the issues, a successor judge cannot decide the issues or enter findings without a trial de novo,” the In re I.P. opinion states. “It is precisely because the judge or magistrate presiding at a termination hearing has a superior vantage point for assessing witness credibility and weighing evidence that we give great deference to a trial court's decision to terminate a parent's rights.”

But in both cases, Bradley did not hear the evidence or observe the witnesses first hand and both parents did not agree to have him recommend findings and conclusions based on a review of the record.

The terminations are reversed and the cases are remanded for further proceedings. They are In the Matter of the Involuntary Termination of the Parent-Child Relationship of I.P., T.P. v. Indiana Department of Child Services, and Child Advocates, Inc., 49S02-1402-JT-81; and In the Matter of the Involuntary Termination of the Parent-Child Relationship of S.B., Ay.B., A.B. and K.G., K.G. v. Marion County Department of Child Services, and Child Advocates, Inc., 49S02-1402-JT-77.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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