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Parental rights terminations upheld in substitute magistrate cases

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In a pair of cases before the Indiana Court of Appeals Tuesday, parents argued that their due process rights were violated when a different magistrate reported findings and conclusions to the judge than the magistrate who heard the cases. The magistrate initially on the cases resigned before making reports to the juvenile court.

Father T.P. and mother K.G. each claimed that the orders terminating their parental rights violated Indiana law and their due process rights because the orders were based on the findings of Marion Superior Magistrate Larry Bradley, who did not preside over the evidentiary hearings. Bradley took the cases over after Magistrate Julianne Cartmel resigned.

In both cases, In the Matter of the Termination of the Parent-Child Rel. of: S.B., Ay.B., A.B. & K.G. (Minor Children), and K.G. (Mother) v. Marion County Dept. of Child Services, Child Advocates, Inc., 49A02-1303-JT-244; and In the Matter of the Termination of the Parent-Child Rel. of I.P., Minor Child and His Father, T.P.: T.P. (Father) v. Child Advocates, Inc., and Indiana Dept. of Child Services, 49A02-1303-JT-283, Judges John Baker, Ezra Friedlander and Nancy Vaidik upheld the termination of parental rights. They held the proposed termination orders do not violate Indiana law because the relevant statutory section – I.C. 33-23-5-9 – does not prohibit Bradley’s actions. Nothing in that section requires the reporting magistrate be the magistrate who presided over the evidentiary hearing.

In K.G.’s case, the court found the proposed order didn’t violate her due process rights because the underlying evidence was undisputed and didn’t require Bradley to make any credibility determinations. In T.P.’s case, the judges pointed out that Bradley carefully reviewed the record and T.P. did not identify any specific prejudice as a result of Bradley’s review and recommendation. In both cases, the parents were represented by counsel at the termination hearings.

Provisions of Indiana Trial Rule 63(A) would also allow Bradley to enter the proposed termination orders, the court ruled.

Last month, the COA ordered more proceedings in a termination case that also involved Cartmel and Bradley because the evidence was in conflict and credibility determinations had to be made.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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