ILNews

Mother not denied due process by denial of motion for continuance

Back to TopCommentsE-mailPrintBookmark and Share

A mother living in Florida was not denied due process when her motion to continue a termination hearing involving her three children, who were determined to be in need of services in Indiana, was denied by the Cass Circuit Court, the Indiana Court of Appeals has ruled.

In Term. of the Parent-Child Rel. of: S.S., J.S., and C.S. (Minor Children) and, T.S. (Mother) v. The Indiana Dept. of Child Services, 09A02-1211-JT-936, mother T.S. argued she should have been allowed additional time to be present at the termination hearing for her three children because she lives in Florida. T.S. and the three children have been involved with child protective services in three states – including Indiana – due to the mother’s history of domestic violence and the children’s poor health conditions.

After the children were removed from her care in Indiana, but before the termination hearing, T.S. moved to Florida while expecting her fourth child. The Department of Child Services and her attorney communicated with her and told her of the date of the termination hearing, but she did not appear. Her attorney filed a motion for continuance which was denied because the court wanted to move toward establishing permanency for the children, who had been out of mother’s care for almost a year. Several experts testified terminating the parental rights was in the children’s best interests. T.S.’s rights were ended Oct. 22, 2012.

The Court of Appeals noted that the children suffered from medical conditions that required treatment and preventative measures and T.S. did not properly care for them. She was not willing to participate in services and often left the children unattended during visits. Since the children’s removal, they have improved.

The judges found T.S. failed to show prejudice by the termination. She was aware of the date of the termination hearing, had an attorney, and knew how to contact her counsel.

“Upon balancing the Mother’s interest, the risk of error by not having Mother present, and the State’s interest in protecting the welfare of these children, we conclude that under the facts and circumstances of this case, the juvenile court did not deny Mother due process of law when it denied her motion for a continuance,” Judge John Baker wrote.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  2. Hi I am Mr Damian Parker the creditor of Private loans, and I'm here to make your dreams come true to get a loan. Do you need a loan urgently? Do you need a loan to pay off your debts? Do you need a loan for expansion of your business or start your own business, we are here for you with a low interest rate of 3% and you can get a credit of 1,000 to 100,000,000.00 the maximum loan amount and up to 20 years loan duration. Contact us today for more information at dparkerservices@hotmail.com

  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

ADVERTISEMENT