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Justices uphold termination of mother’s parental rights after years of drug abuse

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The Indiana Supreme Court Wednesday set aside the Court of Appeals order dismissing a Dearborn County mother’s appeal of the termination of her parental rights and took the case. The justices affirmed the decision to end her parental rights to her three children.

The Department of Child Services removed K.T.K., K.C. and K.R.K from mother R.C.’s home and placed them in foster care due to her serious substance abuse issues, which rendered her incapable of providing the necessary care and supervision that the children required. She admitted to having snorted hydrocodone and Xanax at that time, which contributed to the children’s removal, and that she has a serious substance abuse problem. The children’s father was incarcerated during the time at issue in this case.  

The children were at first placed with their paternal grandmother, then bounced around to various placements until ending up with foster parents. The DCS sought to terminate R.C.’s parental rights in 2011 after R.C. was released from her second term in prison and the children had been in DCS’ care for 13 months.

The record reflected her long history of substance abuse problems as well as her history of criminal behavior, which includes incarceration. The trial court found that her substance abuse problem is so severe that she will always be at risk for a relapse, and this finding is supported by the record, the justices ruled. Mother didn’t show up for recommended services to treat her drug problem or for parenting classes. Shortly after being released from incarceration in 2010, she began drinking again, which led to her second incarceration that year.

“It is of no small consequence that evidence presented during the hearing reveals that Mother had not used illegal drugs in approximately 17 months and she had not consumed alcohol in approximately 11 months, resulting in roughly 40 negative drug screens during that time,” Justice Robert Rucker wrote. “We are mindful, however, that the trial court was within its discretion to consider that the first eleven months of her sobriety were spent in prison where she would have not had access to any illegal substances, nor be subjected to the type of stressors — namely the responsibility of maintaining a household and raising three young and active children — that would normally trigger a desire to pursue an escape from the pressures of everyday life that drugs often provide.”

The record also showed that mother had a habitual pattern of exposing her children to her criminal behavior, which detrimentally impacted their psychological, emotional and physical development. In fact, 10-year-old K.T.K. begged the trial court to allow him and his siblings to remain with their foster parents. Termination of the mother’s parental rights was in the best interest of the children, the justices concluded in Term. of the Parent-Child Rel. of: K.T.K., K.C., and K.R.K. (Minor Children), and R.C. (Mother) v. Indiana Dept. of Child Services, Dearborn County Office, 15S01-1306-JT-402.

In a separate order, the Supreme Court denied the children’s father’s petition to transfer. His parental rights were also terminated, which was upheld by the COA last year.

 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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