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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. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  2. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  3. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  4. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  5. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

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