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Mistake invalidates termination of dad's rights

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A 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.

Married parents D.L. and T.W. had a daughter, but the child was determined to be a child in need of services shortly after birth. D.L, who lived in Florida because of his work as a contractor, returned to Indiana because of the CHINS proceedings and began participating in weekly supervised visits with his daughter, K.L. The Tippecanoe County DCS placed K.L. in the care of D.L.'s sister, Ann, and her husband, Glen. T.W., who had drug and psychological problems, voluntarily terminated her parental rights so Ann and Glen could adopt the baby. D.L. decided to do the same under the assumption that Ann and Glen would be able to adopt K.L. The TCDCS family case manager investigated Ann and Glen and found no red flags.

D.L.'s parental rights were terminated and Ann and Glen began the adoption process, but TCDCS removed K.L. from the home after discovering a report made by one of Glen's adult daughters that he sexually abused her when she was younger. Charges were never filed. After learning this, D.L. sought to set aside the judgment terminating his parental rights, which the trial court denied.

D.L. argued on appeal that the judgment needed to be set aside based on the family case manager's mistake or misrepresentation in her home study, that the judgment was procured by fraud, and that public policy regarding parents' rights to establish a home and raise their children weighs in favor of setting aside the judgment.

In In the Matter of the Termination of Parent-Child Relationship of K.L.; D.L. v. Tippecanoe County Department of Child Services, No. 79A04-0908-JV-482, the appellate court agreed, finding there were no concerns about D.L.'s involvement in his daughter's life and that his decision to end his parental rights wasn't an attempt to exit his child's life, wrote Judge Ezra Friedlander. At the time of his decision, all of the parties thought it was in K.L.'s best interest Ann and Glen adopt her, and there were no red flags regarding past troubles in the home.

Even though D.L. was properly advised of his constitutional and legal rights at the termination hearing in which he proceeded pro se, all the advisements and questions at the hearing were clouded by the misrepresentation contained in the home report study and TCDCS' subsequent actions that served as the basis for K.L.'s placement in Ann and Glen's home and approval for her adoption. If TCDCS or the family case manager had adequately searched the DCS records, K.L. wouldn't have been placed in Ann and Glen's home and her possible adoption by the two wouldn't have been the deciding factor in D.L.'s decision to terminate his parental rights, wrote the judge.

"Under these circumstances, we find that Father's consent to voluntarily terminate his parental rights was vitiated by the misrepresentations made by the TCDCS through (the family case manager)," wrote Judge Friedlander.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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