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Teen father not deprived by lack of guardian ad litem in termination judgment

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A 15-year-old who fathered a child was not deprived due process because a guardian ad litem wasn’t appointed for him during proceedings in which his parental rights were terminated.

“We conclude that any risk of error created by not providing Father with a GAL was low,” Chief Judge Margret Robb wrote for a Court of Appeals panel in Term. of the Parent-Child Rel. of: D.T., (Minor Child), and T.S. (Father) v. The Indiana Dept. of Child Services, 49A02-1205-JT-420.

Guardians ad litem were appointed in the matter for the mother and the child, according to the record. The mother was represented because of her lower cognitive abilities; the child because of developmental disabilities that required regular therapy after spending his first five months on a feeding tube.

The opinion notes that the father T.S., who since has been charged with multiple felonies as a juvenile, at first expressed he wanted nothing to do with the child and refused to participate in services. He later said he wanted to work toward having the child in his home, but he continued to disregard conditions set by the court.

“Father was given multiple chances to participate in services and learn to parent the Child, but declined to do so. The record indicates that Father chose not to participate in services, not that he did not participate because he was unaware that the proscribed steps were necessary if he wanted to maintain his relationship with the Child,” Robb wrote.

“The juvenile court properly determined that the best interests of the Child would be best served by terminating the relationship between Father and the Child and allowing the Child to be adopted. There was no fundamental error, and Father’s due process rights were not violated when the court failed to appoint a GAL to him.”

The panel took issue with the trial court allowing a hearing to proceed while T.S. was without counsel, and with a participation decree that required him to seek gainful employment and housing, among other things.

 “We observe that while the obligations were not well tailored to a minor, the court emphasized Father’s failure to meet obligations that were appropriate for a minor. Additionally, Father was given multiple referrals to multiple different services throughout the eighteen months leading up to termination, in large part out of respect for his age. It was the sum total of Father’s lack of participation that largely informed the court’s opinion, and not choices that were made at any one hearing,” the panel ruled.

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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