termination of parental rights

Evidence does not support CHINS finding

April 30, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court’s determination that an infant is a child in need of services after finding the parents have improved their living situation that led to their three other children being removed. 
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Mother not denied due process by not having appointed counsel in CHINS case

March 28, 2013
Jennifer Nelson
While disappointed that a trial court did not follow through with the appointment of counsel for a mother regarding a child in need of services action, any error in that failure was harmless, the Indiana Court of Appeals ruled Thursday. It upheld the termination of mother J.A.’s parental rights to her son G.P.
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Court reverses DCS order requiring mother to take prescribed meds

February 20, 2013
Jennifer Nelson
A mother whose child was adjudicated as child in need of services won a partial victory before the Indiana Court of Appeals Wednesday.
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Teen father not deprived by lack of guardian ad litem in termination judgment

January 25, 2013
Dave Stafford
A 15-year-old who fathered a child was not deprived due process because a guardian ad litem wasn’t appointed for him during proceedings in which his parental rights were terminated.
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Appeals court reverses adoption; birth mother denied due process

November 30, 2012
Dave Stafford
A Jasper County mother was denied due process when her children were allowed to be adopted while the birth mother’s appeal of her termination of parental rights was pending, the Indiana Court of Appeals ruled Friday.
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Court affirms termination of parental rights for drug-using mom, dad

November 15, 2012
Dave Stafford
A mother who used methamphetamine while pregnant and continued to abuse drugs after her children were judged in need of services was properly denied parental rights, as was the children’s often-absent father, the Indiana Court of Appeals ruled Thursday.
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Appeals court reverses termination of father’s rights

September 11, 2012
Dave Stafford
The Department of Child Services failed to prove that a father’s children were removed for cause required under state statute, and the trial court erred in terminating the parental rights of the Dearborn County man.
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DCS admits petition flawed; COA orders more proceedings

August 31, 2012
Jennifer Nelson
The Gibson Circuit Court committed fundamental error in terminating the parental rights of a mother and father over their young child, the Indiana Court of Appeals held Friday. The Department of Child Services admitted that it failed to comply with statute when filing the petition to terminate their parental rights.
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Mom’s progress leads court to reverse termination

August 13, 2012
Dave Stafford
A Grant County mother who lost parental rights to twin children won a reversal of the termination order after the Indiana Court of Appeals noted her progress in areas of concern to the Department of Child Services.
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COA: mentally handicapped parents not immune from termination proceedings

June 29, 2012
Jennifer Nelson
The Indiana Court of Appeals declined to grant a mother’s request to carve out an exception in involuntary termination of parental rights cases for parents who are mentally handicapped. The Tippecanoe County mother claimed her children shouldn’t be removed from her care because of her mental faculties.
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Termination of father's parental rights upheld on appeal

June 6, 2012
Dave Stafford
A father with a history of incarceration and substance abuse properly had his parental rights to his four minor children terminated, an Indiana Court of Appeals panel ruled Wednesday.
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Judges uphold termination of parental rights

May 30, 2012
Jennifer Nelson
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.”
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COA remands parental rights case

March 8, 2012
Michael Hoskins
Finding that a trial judge and Indiana Department of Child Services didn’t follow the law before involuntarily terminating parental rights, the Indiana Court of Appeals has sent the case back to Elkhart Circuit Court.
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A decade of court data is revealed

January 4, 2012
Michael Hoskins
Figures in the latest Judicial Service Report show near record-level filings continue and that the state needs more judges.
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Judges reverse termination of parents' rights

December 14, 2011
Jennifer Nelson
In a case filled with several errors and discrepancies, the Indiana Court of Appeals has reversed the termination of parental rights of a mother and two fathers because the Department of Child Services failed to meet the burden of proving that termination is in the best interest of the children.
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COA reverses termination of mother's parental rights

December 8, 2011
Jennifer Nelson
The Indiana Court of Appeals found Thursday that the trial court findings in a parental termination case out of Dearborn County do not support the decision to terminate a mother’s parental rights to three of her children.
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Court weighs cost of transportation

October 26, 2011
Michael Hoskins
The Indiana Supreme Court balances due process and parental rights.
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Guidance offered on incarcerated parents' attendance at termination hearings

October 11, 2011
Michael Hoskins
Scolding the Indiana Department of Child Services for how it handled a parental termination case, the Indiana Supreme Court has found an incarcerated mother’s due process rights were not violated when she did not receive adequate notice about pending proceedings that would affect her rights as a parent or when she was not allowed to attend the hearings.
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Grandmother can't petition for visitation

September 1, 2011
Jennifer Nelson
A grandmother has lost her right to petition for visitation rights after her son’s parental rights were terminated, so the trial court was correct in dismissing her petition, the Indiana Court of Appeals held Thursday.
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Court of Appeals dismisses termination-order appeal

June 28, 2011
Jennifer Nelson
Because the parents of six children who were removed from their home did not timely initiate the appeal of termination of their parental rights, the Indiana Court of Appeals dismissed their appeal.
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Justices accept parental-rights termination case

January 31, 2011
Jennifer Nelson
The Indiana Supreme Court has taken a Marion County case involving the termination of a mother’s parental rights in which the Indiana Court of Appeals took issue with several details in the case.
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Court reverses because of DCS notification policy

December 7, 2010
Michael Hoskins
The Indiana Court of Appeals has reversed the parental right termination decision made by a trial court, ruling that both the court and Indiana Department of Child Services in Porter County denied a biological father his due process by not notifying him of CHINS proceedings that ultimately led to his paternal rights being taken away.
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Supreme Court reverses parental-rights termination

October 5, 2010
Elizabeth Brockett
The Indiana Supreme Court reversed a father’s involuntary termination of parental rights today, noting the lack of clear and convincing evidence.
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Lawyers can't appeal termination without parent's authorization

September 22, 2010
Jennifer Nelson
The Indiana Supreme Court held Tuesday that although parents have a statutory right to appellate counsel to appeal an order ending their parental rights, a parent’s trial lawyer cannot pursue an appeal without the parent’s authorization.
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COA upholds termination of parental rights

April 1, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the termination of a mother and father's parental rights based on sufficient evidence. The appellate court also found the mother couldn't appeal on the basis that the Department of Child Services failed to prove her drug use when she repeatedly refused to submit to drug testing.
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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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