Lawyers can't appeal termination without parent's authorization

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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.

The justices unanimously affirmed the denial by the juvenile court in appointing appellate counsel to represent mother M.L. in an appeal of the involuntary termination of the parent-child relationship order. M.L.’s son, I.B., was born with drugs in his system and later found to be a child in need of services. M.L.’s mother served as the primary caregiver of I.B. M.L. moved back in with her mother, but often drank and did not consistently participate in required drug screenings and services in order to get her son back.

An attorney was appointed to represent M.L. at a termination hearing, but the attorney and the state couldn’t reach the mother. The juvenile court terminated her parental rights and also denied her court-appointed attorney’s motion for the appointment of appellate counsel. The attorney said he did not wish to do the appeal and that he filed notice because he was obligated under the terms of his contract. The Indiana Court of Appeals affirmed.

In Term. of Parent-Child Rel. of I.B.; M.L. v. IDCS, No. 03S05-1004-JV-218, the justices found that Indiana Code provides parents the right to representation by counsel in termination proceedings, including appeals. They also held that an attorney should not file an appeal when the attorney can’t get in touch with his client and learn whether she wants to appeal.

Justice Frank Sullivan cited several Rules of Professional Conduct that provide general guidance on this issue, including Rule 1.2 and Rule 1.4. He also cited several cases from other jurisdictions that have considered this issue in family law matters.  

“An appeal of a decision to terminate parental rights, by its very nature, causes delay and prolongs the process of uncertainty for a child. To sanction an appeal as a matter of course would not further the objective of bringing permanency to the child through the prompt resolution of termination proceedings. As such, the policy objective of permanency is consonant with the lawyer’s ethical obligations,” he wrote.

If an attorney’s client is not present at the termination of parental rights hearing, there when the termination order is issued, or hasn’t contacted her counsel, then the trial lawyer has an obligation to contact the client and let her know of the result of the termination proceeding. If the attorney can’t locate the client by using due diligence before the time to file the notice of appeal is due, then the lawyer shouldn’t file the appeal.

“Parents have a statutory right to appellate counsel to appeal an order terminating their parental rights. This right to appeal can be waived,” he wrote. “And it is improper for a parent’s trial lawyer, after the lawyer has exercised due diligence to determine the parent’s wishes with respect to an appeal, to pursue an appeal without the parent’s authorization.”


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  1. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

  5. Its a valid lawsuit. Since the civil war, States have no rights anyways. Get over it, people! You are all subjects now and merely "citizens of the world" anyways, with human rights and all that. Gov'nor knows that. This is just grandstanding to try and appease the red state troops still smarting over the "Gay rights" shoved down their unwilling throats. Gotta keep them "voting" in the kayfabe elections! After all, since nobody cares about the tens of millions of Mexicans here, what's a few Syrians going to do, anyways? Guess we'll find out! LOL