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Termination of rights affirmed despite error

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A trial court erred when it failed to follow Indiana Code in a termination of parental rights hearing, the Indiana Court of Appeals ruled today. Because the appellate court found the error to be harmless, it affirmed the involuntary termination of a father's parental rights.

Father Daniel Bailey Sr. appealed the termination of his rights to his twins in the case In the matter of the termination of the parent-child relationship of S.B. and D.B. v. Dubois County Department of Child Services, No. 19A01-0804-JV-161. The Court of Appeals raised sua sponte one issue: whether the trial court violated I.C. Section 34-35-2-8 when after a termination hearing, it failed to terminate Bailey's parental rights or dismiss the Dubois County Department of Child Service's involuntary termination petition. Instead, the trial court postponed its pronouncement of judgment for six months to allow Bailey one final chance to prove he could make the necessary changes to care for his kids. The judge granted Bailey time to comply with a court order requiring treatment, classes, and drug testing, even though DCDCS met its burden of proof to terminate his rights. Bailey violated the order and his rights were terminated.

The appellate court examined I.C. Section 31-35-2-8, which clearly provides that a trial court shall either find the allegations in the petition to be true and terminate the parental relationship or it will find the allegations to not be true and dismiss the petition.

Because the trial court failed to comply with statute, it committed an error, wrote Judge Patricia Riley. Yet the error was harmless, the appellate court ruled and affirmed the trial court ruling.

Remanding the cause to the trial court to hold a new termination hearing would be against the twins' best interest because they have lingered in the system six months longer than they needed to while Bailey failed to follow the court order, the judge wrote.

"The twins need and deserve stability and permanency now. The current system has already been criticized for putting children in limbo too long, thereby fostering instability and unhinged relationships," she wrote. "In light of these considerations and the trial court's clear determination that the DCDCS satisfied its burden of proof on November 5, 2007 and again on February 26, 2008, we affirm the trial court's termination of Father's parental rights to the twins."

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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