termination of parental rights

Failure to object to judge in termination case waives argument on appeal

November 18, 2014
Dave Stafford
A father whose parental rights were terminated by the same judge who presided when he was convicted of child molesting and neglect raised the issue on appeal for the first time, therefore waiving the objection, the Indiana Court of Appeals ruled Tuesday.
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Delay of protection order hearing called ‘disturbing’

November 17, 2014
Marilyn Odendahl
The Indiana Court of Appeals called a trial court’s delay in setting a hearing on a petition for a permanent protection order “disturbing” and found the lower court’s denial of the order did not comply with the state’s trial rules.
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Majority reverses termination of incarcerated father’s parental rights

October 22, 2014
Jennifer Nelson
Finding the state did not prove that the parental rights of a man – who learned he was a father while incarcerated pending trial – should be terminated, two of the three judges on a Court of Appeals panel reversed.
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Despite erroneous findings, termination of parental rights affirmed

September 23, 2014
Dave Stafford
A trial court entered erroneous findings in terminating the parental rights of a mother and father concerning two minor children, but the mistakes weren’t significant enough to reverse in a case where the state presented enough evidence to warrant the decision.
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Court affirms termination of parental rights without case plan

August 12, 2014
Dave Stafford
Morgan County parents, including a father who dealt meth to a confidential informant while his wife and three minor children were present, lost an appeal of their termination of parental rights Tuesday.
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Requiring deaf mom to sign doesn’t violate due process

July 30, 2014
Dave Stafford
A mother whose parental rights were terminated was not denied due process when a judge who couldn’t understand her spoken testimony required her to sign to an interpreter who then spoke her responses aloud.
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Grant applications for children, family projects due Aug. 14

July 16, 2014
IL Staff
The Indiana Court Improvement Program is accepting applications for projects designed to improve the well-being, safety and permanency of children and families involved in child in need of services and termination of parental rights proceedings.
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COA affirms termination of parental rights for imprisoned mom

July 11, 2014
Dave Stafford
A trial court was within its authority to terminate the parental rights of a mother serving a minimum 10-year federal prison sentence for conspiracy to deal heroin, the Indiana Court of Appeals ruled.
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Supreme Court vacates parental termination for jailed mom

July 11, 2014
Dave Stafford
A juvenile court abused it discretion by proceeding with a hearing and terminating a mother’s parental rights in her absence because she was in jail, the Indiana Supreme Court ruled Thursday. Her attorney’s failure to ensure she was heard from also denied her a fair hearing, justices ruled.
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COA rules natural parents’ consent unnecessary in adoption

May 20, 2014
Marilyn Odendahl

Once a trial court found a child’s natural parents to be unfit, the court did not need to revisit that finding at an adoption hearing, the Indiana Court of Appeals has ruled.

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Justices reverse termination of parental rights in 2 cases

March 26, 2014
Jennifer Nelson
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.
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Justices: Mother entitled to attorney during CHINS proceedings

March 14, 2014
Jennifer Nelson
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.
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COA: Adoption petition should remain in Superior Court

March 12, 2014
Jennifer Nelson
The Lake Superior Court was not required under the county’s case allocation plan to transfer an adoption petition to juvenile court where termination of parental rights proceedings are pending involving the same children, the Indiana Court of Appeals ruled Wednesday.
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Divided Supreme Court reinstates parental termination order

March 10, 2014
Dave Stafford
The Indiana Court of Appeals impermissibly reversed termination of a father’s parental rights, a majority of the Indiana Supreme Court ruled Friday in reinstating a trial court order.
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Mother’s appeal of termination of parental rights dismissed

February 27, 2014
Jennifer Nelson
The Indiana Court of Appeals has dismissed a mother’s appeal from the order terminating her parental rights to her twins, ruling she forfeited her right to appeal because she failed to file a timely notice of appeal.
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‘Marijuana legal elsewhere’ claim no help in parental termination appeal

November 5, 2013
Dave Stafford
Termination of parental rights was properly granted for a molesting father in federal prison and a drug-using mother who failed to comply with court-ordered services after striking a child.
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Parental rights terminations upheld in substitute magistrate cases

October 29, 2013
Jennifer Nelson
In a pair of cases before the Indiana Court of Appeals Tuesday, parents argued that their due process rights were violated when a different magistrate reported findings and conclusions to the judge than the magistrate who heard the cases. The magistrate initially on the cases resigned before making reports to the juvenile court.
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Mother unable to show error in terminating her parental rights

October 10, 2013
Jennifer Nelson
A mother of four children with special needs who also has a cognitive disability, was unable to convince the Indiana Court of Appeals she should be allowed to keep custody of her children.
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COA affirms parental termination in child’s best interest

October 10, 2013
Jennifer Nelson
A mother’s inability to adequately care for her child, leading to the girl’s failure to thrive, supports the termination of mother’s parental rights, the Indiana Court of Appeals held Thursday.
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COA reverses involuntary termination order for a second time

October 8, 2013
Marilyn Odendahl
The Indiana Court of Appeals sharply rebuked a trial court as having “committed clear error” by relying on old evidence and testimony in terminating a Vanderburgh County couple’s parental rights.
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Parental termination remanded over substitute magistrate’s findings

September 25, 2013
Dave Stafford
A father’s due process rights were violated when a juvenile court stripped him of parental rights based on findings of facts prepared by a magistrate who did not hear from and observe witnesses, the Indiana Court of Appeals ruled Wednesday. The magistrate took over the case after another magistrate, who had conducted the evidentiary hearing in his case, resigned.
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In adoption case with no winners, SC offers suggestions to avoid similar situations

August 19, 2013
Marilyn Odendahl
In reversing the adoption that could remove fraternal twins from the only family they have ever known, the Indiana Supreme Court noted the situation might have been avoided if more than “just the bare minimum” had been done.
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Grants available for CHINS, termination of parental rights projects

July 18, 2013
IL Staff
The Indiana Court Improvement Program is accepting applications for projects that are designed to improve the safety and permanency of children and families involved in children in need of services and/or termination of parental rights proceedings.
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Mother not denied due process by denial of motion for continuance

June 27, 2013
Jennifer Nelson
A mother living in Florida was not denied due process when her motion to continue a termination hearing involving her three children, who were determined to be in need of services in Indiana, was denied by the Cass Circuit Court, the Indiana Court of Appeals has ruled.
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Justices uphold termination of mother’s parental rights after years of drug abuse

June 5, 2013
Jennifer Nelson
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.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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