ILNews

Mom's mental ability not reason for termination

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The Indiana Court of Appeals declined to write an opinion barring the state from pursuing termination of parental rights of a "retarded person," as requested by the mother in a termination of parental rights case. The appellate court affirmed ending her rights to two of her children, finding the evidence designated supports her children were taken away because she failed to comply with services and find work and a home, not because she was mentally disabled.

In the case In the matter of the termination of the parent-child relationship of A.S. and M.P.; L.P. v. Tippecanoe County Division of Child Services, No. 79A05-0901-JV-54, mother L.P. challenged the trial court's termination of her parental rights to two of her four children, claiming the court ended her rights because she is mentally handicapped.

The mother sometimes left her children with a neighbor but didn't know the neighbor's name. She didn't give M.P. medication, which required the child be transferred to Riley Children's Hospital in Indianapolis. M.P. also wasn't current on immunizations and A.S. hadn't seen a doctor since his birth three weeks earlier.

The children were declared children in need of services, and L.P. was evaluated and found to have an intellectual ability falling in the range of borderline mental retardation of cognitive functioning. The petition to terminate her parental rights was granted after finding she didn't find suitable housing for her and her children, she was still unemployed, and didn't attend all of the required meetings or visitations.

Instead of challenging whether DCS met its burden of proof in terminating her rights, the mother argued she can't be subject to termination because of her low intellectual capacity even though she knows Indiana law doesn't recognize such a rule. She wanted the appellate court to write an opinion banning the state from pursuing a termination of parental rights of a "retarded person."

Mental retardation alone isn't grounds for ending parental rights, but the trial court found L.P. failed to comply with required meetings, didn't find work or housing for her children, and her lack of effort was more likely due to laziness than her mental state.

The mother also compared her situation to Indiana's prohibition on the execution of mentally retarded criminal defendants, which has nothing to do with ending parental rights, wrote Judge Michael Barnes.

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  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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