Supreme Court reverses parental-rights termination

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The Indiana Supreme Court reversed a father’s involuntary termination of parental rights today, noting the lack of clear and convincing evidence.

In Term. of Parent-Child Rel. of I.A.; J.H. v. Indiana Department of Child Services, No. 62S01-1003-JV-148, father J.H. challenged the sufficiency of the evidence supporting the trial court’s judgment regarding Indiana Code sections 31-35-2-4(b)(2)(B) and (C).

I.A. was born Feb. 18, 2006, out-of-wedlock to mother, D.A., and J.H. The child was one of mother’s seven children ranging in age from birth to 14 years. Within a few months of I.A.’s birth, mother told J.H. that I.A. was his son.

The same month I.A. was born, the Perry County Department of Child Services became involved with mother and her children because of allegations of lack of supervision, educational and medical neglect, and mother’s drug use. The children were removed from mother’s care in January 2007 and individual petitions were filed alleging each child was a child in need of services. DCS named father as a party to the petition regarding I.A.

Both mother and father appeared pro se at a March 30, 2007, hearing at which the judge granted the CHINS petition. The order included a reunification plan for the mother but not for father.

After a July 2007 review hearing, the court entered no findings regarding the father. J.H. later testified that during the summer of 2007, he was initially allowed limited visitation with I.A.; however, visitation was discontinued in September 2007 because paternity had not yet been established. DCS filed a petition Feb. 12, 2008, to terminate both mother and father’s parental rights. J.H. sought paternity testing in May 2008 and filed a petition to establish paternity of I.A., which the trial court granted in September 2008. From July 11, 2008, through Jan. 29, 2009, father was allowed supervised visitation with I.A.

The trial court noted at a review hearing Nov. 25, 2008, that J.H. appeared but mother did not. Among the findings, the trial court noted the mother did not comply with the case plan, but the father did. The high court, however, wrote the record did not reveal that a case plan was ever put in place for J.H.

Despite J.H.’s efforts, the trial court granted DCS’s petitions to terminate mother and father’s parental rights.

At the time I.A. was removed, mother and father were not residing in the same household so the child was in her sole custody and care. Because of that, the conditions that resulted in I.A.’s removal cannot be attributed to father, wrote Justice Robert Rucker.

A caseworker noted that father had not bonded with I.A. after 6 months of parent-aide services, that father needed considerable direction regarding simple tasks relating to I.A.’s care, and there had been “no progress in the relationship” between father and I.A.

“In essence, the factors identified by the trial court as conditions that will not be remedied are relevant only if those conditions were factors in DCS’s decision to place I.A. in foster care in the first place. Not only is the trial court’s order terminating Father’s parental rights silent on this point, but also the record before us is silent,” wrote Justice Rucker, noting the trial court’s termination of J.H.’s parental rights cannot be sustained.

The high court noted the record does demonstrate that father’s parenting skills are lacking; however, a case plan for reunification was never developed for father indicating what was expected of him. Also, other than parent aide, no services were provided to assist J.H. in developing effective parenting skills.

“The involuntary termination of parental rights is the most extreme sanction a court can impose on a parent because termination severs all rights of a parent to his or her children. In re L.S., 717 N.E.2d 204, 208 (Ind. Ct. App. 1999), trans. denied. Therefore, termination is intended as a last resort, available only when all other reasonable efforts have failed. Id. We are not convinced that all other reasonable efforts have been employed in this case to unite this father and son,” Justice Rucker wrote.

Justice Theodore Boehm, however dissented, giving deference to the trial court’s conclusion.


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues