termination of parental rights
Court reverses because of DCS notification policy
December 7, 2010
Michael HoskinsThe 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.
MoreSupreme Court reverses parental-rights termination
October 5, 2010
Elizabeth BrockettThe Indiana Supreme Court reversed a father’s involuntary termination of parental rights today, noting the lack of clear
and convincing evidence.
MoreLawyers can't appeal termination without parent's authorization
September 22, 2010
Jennifer NelsonThe 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.
MoreCOA upholds termination of parental rights
April 1, 2010
Jennifer NelsonThe 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.
MoreCOA sets standard in parental rights cases
March 31, 2010
Michael HoskinsIn addressing a statutory inconsistency on parental rights terminations, the Indiana Court of Appeals has held that trial
judges must offer findings of fact in those types of cases just as they're required to by law for children in need of
services cases and grandparent visitation matters.
MoreSupreme Court grants 3 transfers
March 18, 2010
Jennifer NelsonThe Indiana Supreme Court granted three transfers Wednesday, including a case of first impression on sentence enhancements.
MoreMistake invalidates termination of dad's rights
March 3, 2010
Jennifer NelsonA father's consent to voluntarily terminate his parental rights so his sister could adopt his daughter was invalidated
by misrepresentations made by a family case manager for the Department of Child Services. As such, the father's petition
to set aside the judgment should have been granted, the Indiana Court of Appeals ruled today.
MoreVisitation-adoption agreement not allowed
December 1, 2009
Michael HoskinsState law doesn't allow for post-adoption visitation that's contingent upon a voluntary termination of parental rights,
the Indiana Supreme Court has ruled.
MoreCOA reverses termination over rule violation
November 30, 2009
Jennifer NelsonThe Indiana Court of Appeals split today in its decision to reverse the termination of a mother's parental rights. The
majority found the trial court abused its discretion in allowing the mother's trial counsel to withdraw her appearance
under a local court rule.
MoreCounty must pay for parent's appointed attorney
August 7, 2009
Jennifer NelsonNoting a paradigm shift in parental rights termination cases due to House Enrolled Act 1001, one Indiana Court of Appeals
judge believed the Department of Child Services instead of the counties should be responsible for the costs of appointed counsel
in these types of proceedings.
MoreMom's mental ability not reason for termination
April 30, 2009
Jennifer NelsonThe Indiana Court of Appeals declined to write an opinion barring the state from pursuing termination of parental rights of
a "retarded person," as requested by the mother in a termination of parental rights case.
MoreHigh court reverses termination of mom's rights
April 27, 2009
Jennifer NelsonThe majority of Indiana Supreme Court justices ruled in a parental termination case that the evidence presented didn't
clearly show a mother's rights to her son should be terminated. One justice dissented because he believes an appellate
court should defer to the lower court in assessing the facts of a case.
MoreHigh court grants 6 transfers
April 13, 2009
Jennifer NelsonThe Indiana Supreme Court granted transfer to six cases April 9, including one involving an election dispute for the mayor
of Terre Haute, termination of parental rights cases, and a case involving an injury on school property.
MoreCOA affirms ruling in 'unusual' termination case
March 23, 2009
Jennifer NelsonIn an unusual case on appeal in which a mother's parental rights were terminated to only one of her five children during
a termination hearing, the Indiana Court of Appeals affirmed the decision due to the circumstances of the case.
MoreTermination of rights affirmed despite error
December 2, 2008
Jennifer NelsonA trial court erred when it failed to follow Indiana Code in a termination of parental rights hearing, the Indiana Court of
Appeals ruled today. Because the appellate court found the error to be harmless, it affirmed the involuntary termination of
a father's parental rights.
MoreStatute must be followed in all CHINS cases
November 18, 2008
Jennifer NelsonThe Indiana Court of Appeals today affirmed the involuntary termination of parental rights of a mother and father, but cautioned
the Marion County Department of Child Services to continue to follow the statutory procedures in child in need of services
cases and termination cases even if a court determines reunification efforts aren't required.
MoreCOA: Parental rights should be ended
November 5, 2008
Jennifer NelsonThe Indiana Court of Appeals reversed a trial court's decision to continue the parental rights of two incarcerated parents,
finding it to be in the child's best interest to sever the rights because the parents possibly won't be released from
prison for two more years.
MoreNo partial parental right termination allowed
October 31, 2008
Michael HoskinsIndiana law doesn't allow for partial termination of parental rights, the state's Court of Appeals has ruled in a
case of first impression.
MoreEvidence failed to support ending parental rights
September 29, 2008
Jennifer NelsonThe Indiana Court of Appeals reversed a trial court's ruling to involuntarily terminate a mother's parental rights
to her young twins, finding the court issued deficient termination orders and lacked clear and convincing evidence to terminate
the parental rights.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.