ILNews

No partial parental right termination allowed

Back to TopCommentsE-mailPrintBookmark and Share

Indiana law doesn't allow for partial termination of parental rights, the state's Court of Appeals has ruled in a case of first impression.

But holding that, the appellate court has upheld a Howard County judge's two-fold decision to first approve a voluntary parental-right termination agreement reserving a right for post-adoptive visitation privileges, and subsequently denying to set aside a later decision to terminate that visitation. The appellate court found that though the trial court didn't abuse its descretion in this case, the panel expressed serious concerns with what happened and noted it could present problems in the future.

"Trial courts are cautioned to refrain from approving post-termination agreements such as these in the future as they are contrary to Indiana law and are likely, under a different set of circumstances, to provide false hope to parents facing termination of their parental rights," Judge Elaine Brown wrote for the unanimous panel, reluctantly affirming the ruling from Howard Circuit Judge Lynn Murray.

In the parental termination matter involving minors M.B. and S.B., the court issued its 25-page decision today in Tiffany Black v. Howard County Department of Child Services, No. 34A02-0805-JV-437.

The case stems from a county child services petition in March 2007 for involuntary termination parental rights for Black. The natural father is deceased. Prior to a fact-finding hearing in June 2007, the mother filed a voluntary relinquishment of parental rights for each child. But she attached addendums that stipulated the terminations hinged on the court granting post-adoption privileges, such as continued contact between her and the children.

The trial court advised Black that the termination couldn't be set aside unless it was fraudulent, or that it was under duress or she wasn't competent at the time, but it accepted the submitted agreements and later that day ordered the voluntary parental rights termination. She was permitted to continue visiting with both children twice a month, until the children were placed with adoptive parents who didn't know about the visitation agreement. The child services agency later recommended visitation be terminated and the court agreed, noting it wasn't in the children's best interest. Earlier this year, the trial court denied the mother's motion to set aside the voluntary termination order in that the judge didn't abide by the terms or that it was fraudulently obtained.

In holding that partial parental right terminations don't exist in Indiana, the appellate court made it clear it finds the mother's agreement contrary to state statute.

"Either the parent-child relationship survives, or it does not," the court wrote. "Given the plain and unambiguous language of Indiana Code Section 31-35-6-4(a)(1), coupled with Indiana's strong public policy to protect the emotional well-being of children whose parents have been either unable or unwilling to provide for their basic needs over a prolonged period of time, we conclude that the Mother's addendums to the voluntary consent forms are void ab initio and thus unenforceable as a matter of law."

Her agreement was an attempt to sidestep state law and "bootstrap" otherwise impermissible conditions into a termination order, Judge Brown wrote. Allowing that to happen would tie a trial court's hands and those of any child services agency, and would discourage adoption.

"Few prospective parents would endeavor to embark on the life-changing journey of adoption knowing they could find themselves the ready prey of possible unscrupulous parents who were contractually entitled to demand post-adoption visitation and other parental privileges following a termination of the parent-child relationship," she 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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT