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Mother not denied due process by not having appointed counsel in CHINS case

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While disappointed that a trial court did not follow through with the appointment of counsel for a mother regarding a child in need of services action, any error in that failure was harmless, the Indiana Court of Appeals ruled Thursday. It upheld the termination of mother J.A.’s parental rights to her son G.P.

G.P. was removed from his mother’s home as an infant due to allegations he was a CHINS, which the court later found to be true. The boy was placed with his paternal grandparents. The goal was reunification, but J.A. did not complete certain services, including keeping the Department of Child Services up to date with her contact information and discontinuing drug use. During a review hearing, she requested counsel, which the trial court found she was entitled to. However, the court never appointed an attorney and J.A. never mentioned her lack of representation at a future hearing.

J.A. later moved to her mother’s house in Virginia without notifying DCS and the plan for permanency and reunification was changed to adoption. The mother did not appear at the adoption hearings, but at some point counsel was appointed to represent her. Her attorney sought to dismiss or continue the case, arguing she had been deprived of her due process rights when an attorney wasn’t appointed during the CHINS case. J.A.’s parental rights were terminated.

“Mother argues that having counsel would have allowed her to inform the court of things such as her reasons for moving, the steps she was taking toward sobriety, and her current living arrangement with her mother. It is not clear why counsel was needed to inform the court, when Mother could have informed the court herself if she had appeared for the hearings,” Chief Judge Margret Robb wrote in In the Matter of the Involuntary Termination of the Parent-Child Relationship of G.P., and J.A. v. The Indiana Department of Child Services, 49A02-1208-JT-643.

“It was the sum total of Mother’s actions (or inaction) by the time of the termination hearing, nearly a year later, that ultimately led to termination. This included her continuing failure to complete services in that time period, her lack of communication with DCS, and the questionable appropriateness of the home that she could provide at that time,” she continued.

The COA found that J.A.’s due process rights weren’t violated and there was sufficient evidence to support the termination.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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