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Statute must be followed in all CHINS cases

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The Indiana Court of Appeals today affirmed the involuntary termination of parental rights of a mother and father, but cautioned the Marion County Department of Child Services to continue to follow the statutory procedures in child in need of services cases and termination cases even if a court determines reunification efforts aren't required.

In In the Matter of the Involuntary Termination of Parent-Child Relationship of C.T.; D.B., father, and K.T., mother v. Marion County Department of Child Services and Child Advocates, No. 49A02-0803-JV-231, Kristie Thompson and Dennis Brown appealed the juvenile court's termination of their respective parental rights over their infant son, C.T. The boy had been deemed a CHINS after he tested positive for cocaine at birth.

In June 2007, the Marion County Department of Child Services requested it no longer be required to make reasonable efforts to reunify Thompson with C.T. and filed a petition to terminate both parents' rights in September 2007. Brown wasn't present at the hearing because he was incarcerated; his motion for a continuance until he was released from prison was denied.

The Court of Appeals affirmed the termination of parental rights, finding clear and convincing evidence there is a reasonable probability the conditions resulting in C.T.'s placement out of his parents' care wouldn't be remedied. Thompson testified she didn't use drugs despite the fact her other children had tested positive for drugs at birth, and she failed to receive treatment for drug and alcohol abuse. Brown was in and out of prison during the CHINS proceedings for C.T. and failed to communicate with his attorney or with a family case manager regarding the case.

The appellate court also found Brown wasn't denied due process when the court denied his motion for continuance, finding he was represented by counsel during the proceedings and his lack of communication with his attorney invited the alleged error of which he now complains, wrote Judge Michael Barnes.

The Court of Appeals also addressed a serious concern raised by Thompson in her appeal - MCDCS failed to perform basic case management tasks once the juvenile court determined reasonable efforts to reunify her with C.T. weren't required.

Two of Thompson's caseworkers testified they hadn't visited Thompson at her home or inquired about her employment or services she completed after being released from prison. A parent's constitutionally protected right to raise his or her children doesn't go away once a court determines a department of child services isn't required to make reasonable efforts to reunify the family, wrote the judge.

The county departments of child services play an integral part in ensuring procedural safeguards are followed so parents receive a full and fair hearing before a termination may occur, and the comments and actions of Thompson's caseworkers aren't condoned by the appellate court or sanctioned by statute, wrote Judge Barnes.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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