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Mom’s progress leads court to reverse termination

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A Grant County mother who lost parental rights to twin children won a reversal of the termination order after the Indiana Court of Appeals noted her progress in areas of concern to the Department of Child Services.

The twins were born in 2007, and since then mother K.B. and the children’s father were arrested after a domestic dispute, and K.B. had been accepted into a drug court program for treatment of a prescription drug abuse problem. She has complied with drug court terms, has maintained an appropriate home, has been working and visiting regularly with her girls, the order noted.

“In light of the undisputed evidence that mother had eight months of solid progress in each area of concern, we conclude that DCS did not meet its burden of demonstrating that the conditions resulting in removal would not be remedied. Therefore, we reverse,” Judge Terry Crone wrote in a unanimous opinion.

The court said there was evidence that K.B. was invested in her recovery through the drug court process and had shown no cause for concern during the previous eight months.

“When a parent has been involved with drugs or an abusive relationship, there will always be concern about relapse. However, this is not a case where the parent’s progress has been inconsistent or last-minute. We do not feel that it is necessary to speculate about mother’s potential for relapse. There are no longer any immediate concerns about her ability to parent the twins, and her ability to cope with the added responsibility can be quickly assessed without substantial risk of harm to the twins,” Crone wrote.

The order said that while the ruling will cause some disruptions in the twins’ lives, they had a loving relationship with their mother and termination also would be a disruption.

“It is well established that the involuntary termination of parental rights is an extreme measure that is designed to be used as a last resort when all other reasonable efforts have failed,” Crone wrote in reversing.
 

 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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