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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

    2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

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    4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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