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‘Marijuana legal elsewhere’ claim no help in parental termination appeal

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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.

The Indiana Court of Appeals affirmed the Wabash Circuit Court ruling in In the Matter of the Termination of the Parent-Child Relationship of: S.L. & D.L. (Minor Children) and K.M., (Mother) & D.L.,(Father) v. The Indiana Department of Child Services, 85A02-1304-JT-308.

Judge Nancy Vaidik wrote that the trial court’s findings of fact were sufficient and warranted termination of parental rights. Federal authorities didn’t allow father to participate in the termination hearings, but he was represented by counsel and received transcripts of two of three hearings. The panel rejected arguments that his due process rights were violated, noting this was only raised on appeal.

Mother had tested positive for marijuana, methamphetamine and synthetic drugs, according to the record, and indicated uncertainty about severing ties with father despite her belief that he posed a molestation threat to their children. She also argued that she eventually had clean drug screens, which the court noted was after she was behind bars.

The court also noted mother argued “her marijuana use is ‘not a sufficient reason’ for terminating her parental rights. … She claims that ‘there are many people in the United States that agree with her about marijuana’ and cites the legalization of recreational marijuana use in other states as support for her claim.

“Assuming for the sake of argument that this is true, Mother fails to acknowledge that recreational marijuana use is not legal in Indiana and, more importantly, that one of the prerequisites for reunification with her children was that she not use marijuana. Nonetheless, Mother used marijuana frequently during the termination proceedings,” Vaidik wrote in affirming the trial court.  



 

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  • I forgot to mention
    The last 3 Presidents of the US all smoked marijuana. No one has ever died from smoking marijuana. Almost every day medical studies are being reported showing amazing benefits to consuming marijuana. Drinking alcohol and smoking tobacco are far more dangerous to your health.
  • Note on marijuana
    George Washington grew it for 20 years on his farm and in his diary which you can view on line speculated about the medical benefits of smoking marijuana. Thomas Jefferson grew it and smoked it. Betsy Ross' flag, the sails of Columbus' 3 ships, and the early drafts of the Constitution of the US and Declaration of Independence were all made from hemp.

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    1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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    5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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