ILNews

Supreme Court vacates parental termination for jailed mom

Back to TopCommentsE-mailPrintBookmark and Share

A juvenile court abused it discretion by proceeding with a hearing and terminating a mother’s parental rights in her absence because she was in jail, the Indiana Supreme Court ruled Thursday. Her attorney’s failure to ensure she was heard from also denied her a fair hearing, justices ruled.

Justices vacated a termination order by Marion Superior Judge Marilyn Moores in In re the Involuntary Termination of the Parent-Child Relationship of K.W., a Minor Child, and His Mother, C.C. K.W. v. Indiana Department of Child Services and Child Advocates, Inc., 49S02-1407-JT-458. The mother’s attorney filed a motion for continuance until the mother was released.

“The trial court denied this request and held the hearing in the mother’s absence — the end result was the termination of her parental rights with respect to her son. Under the facts and circumstances of this case, we conclude that the denial of the motion for a continuance was an abuse of discretion,” Justice Steven David wrote for the court.

Two-year-old K.W. was declared a child in need of services a month after he was born after repeated instances in which his mother and father discontinued services, tested positive for drugs or were arrested, according to the record.

But the opinion notes that the hearing already had twice been continued, and found the judgment had to be vacated  because the mother, though represented by council, was deprived an opportunity to be heard from in any manner at the termination hearing.

The court relied upon the 11-factor test adopted in In re C.G., Z.G. v. Marion Department of Child Services, 954 N.E.2d 910, 922 (Ind. 2011), to reach its conclusion, while noting that test is typically applied to a motion to transport an incarcerated parent to a termination hearing.

“(T)he trial court opted to carry out a proceeding by which C.C.’s fundamental rights to parental autonomy were challenged, attacked, and taken away – without C.C.’s personal participation in any way,” the court held. “When viewed in such a light, we cannot help but find that C.C. showed good cause why her motion should be granted, and to do otherwise was clearly against the logic and circumstances of the case.”

The opinion also notes the mother’s attorney “certainly could have –    and probably should have” tried to arrange for her to be transported to the hearing.

“So while it is true that C.C.’s attorney attempted to mount a defense by cross-examining DCS witnesses and putting on one of his own, that is a far cry from saying that C.C. was heard at a meaningful time and in a meaningful manner and far from being fundamentally fair – and it was therefore prejudicial,” the court held.  

 

 

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

ADVERTISEMENT