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Termination rash in special needs CHINS case

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The Indiana Court of Appeals reversed the termination of a mother's parental rights to her special needs son, finding the decision would create a "sobering message" to parents of children who need ongoing assistance.

In the case In Re: The Involuntary Termination of the Parent-Child Relationship of M.S.; H.S., mother, No. 09A04-0805-JV-276, 8-year-old M.S. had been deemed a child in need of services as a result of his personality disorder and severe behavioral difficulties. His mother, H.S., who has two younger children, asked the Department of Child Services for help in caring for M.S. The mother had to sometimes hold M.S. down to protect him from hurting the other children or himself, and in the process would be harmed by her son.

Despite H.S.'s participation in services designed to help her parent M.S., she continued to need help caring for her son. DCS filed a petition to terminate her parental rights; several witnesses for the department testified the termination was in the best interest of M.S. because his mother wouldn't be able to provide the care he needed, despite her best efforts.

The termination of parental rights was premature, wrote Chief Judge John Baker, because no one knows if and when M.S. becomes stabilized if he will be able to live in the home with H.S. and his brothers.

"But to say that Mother's parental rights must be terminated merely because her child has special needs and she needs help to manage his behavior would send a sobering message indeed to all of the parents in Indiana with children who need ongoing medical or psychological assistance," wrote the chief judge. "In effect, as aptly put by Mother's attorney during the termination hearing, taking this step 'creates a message that if you've got a child that is difficult and you do seek help for that child, your reward is the child is removed, never to return.'"

The courts, instead of taking the "radical action" of severing the parent-child bond prematurely, should work with DCS to focus on helping M.S. become stabilized and re-evaluate his best interests later if that occurs.

The Court of Appeals remanded for further proceedings.

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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