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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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