ILNews

Mistake invalidates termination of dad's rights

Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

ADVERTISEMENT