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. 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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