Volunteers to gather Wednesday for CASA Day celebration
Hoosiers who volunteer their time and energy advocating on behalf of kids in the child welfare system will have a chance next week to celebrate more than three decades of effort.
Child in need of services
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Justices grant transfer in 4 cases, deny 19 others
The Indiana Supreme Court declined to hear 19 cases out of 23 petitions for transfer last week but agreed to hear cases involving post-conviction relief and termination of parental rights, among others.
DCS, trial court reprimanded in reversal of parental rights termination
A father will have his parental rights restored after an Indiana Court of Appeals ruling that reiterated the Department of Child Services does not have the authority to set policy inconsistent with the law.
CHINS statutory deadline overridden by trial rule
In a case of first impression, the Indiana Supreme Court found a trial rule trumped the CHINS statutory deadline after a mother was first granted a continuance, then moved to have the case dismissed because the court took longer than 120 days to complete the factfinding.
COA: Parents have no say in child’s adoption placement after TPR
A mother and father whose parental rights were terminated did not persuade the Indiana Court of Appeals to reverse the termination because they were deprived of the right to determine their child’s adoptive placement.
COA reverses termination of mother’s parental rights
A trial court erred in terminating a mother’s parental rights to her two minor children, finding the potential of the children’s reunification with their father and their continuing bond with their mom made the termination of their relationship with their mother not in their best interests.
Child Advocates celebrates ‘transformational’ $5M Lilly Endowment grant
Indiana’s largest organization that advocates for the interests of child victims of abuse has received the largest donation in its history — a $5 million grant from the Lilly Endowment. “They call it a transformational gift, and it certainly is for us,” Child Advocates CEO Cindy Booth said of the award.
CHINS findings for siblings upheld
The parents of four children who were all adjudicated as children in need of services have lost their appeal of the CHINS determinations, with the Indiana Court of Appeals dismissing arguments claiming error on the part of the trial court and the Department of Child Services.
Courts as conveners: Task force led by Rush releases recommendations for judicial response to opioid crisis
The National Judicial Opioid Task Force was created in 2017 to delve into ways the judiciary could get a handle on the opioid crisis. Co-chaired by Indiana Chief Justice Loretta Rush, the task force’s work culminated late last month in the release of a report that includes four findings and six recommendations for how courts can respond to the current drug scourge and be better prepared for the next addiction crisis.
Appeals court affirms TPR despite trial court’s error
A trial court’s error in denying a mother’s motion to separate witnesses during her termination of parental rights hearing was harmless, and therefore reversal was not mandated, the Indiana Court of Appeals has ruled.
Appeals court rules against father in DCS dispute
A father fighting child welfare investigations that resulted in his son’s removal from his custody has lost his appeals of multiple motions granted by the trial court that damaged his case.
Justices reject Fifth Amendment appeal of sex offender treatment
The Indiana Supreme Court has found no constitutional violation against a father who refused to participate in a sex offender treatment program that he argued would violate his Fifth Amendment right against self-incrimination.
Reversal: Father’s due process rights violated in TPR case
The Indiana Court of Appeals on Thursday reversed the termination of a father’s parent-child relationship after concluding his due process rights had been violated. The Department of Child Services, the appellate court found, did not make reasonable efforts to reunify the father and child.
New law gives moms, dads behind bars hope in TPR cases
Christina Kovats and Kristina Byers previously served time at the Indiana Women’s Prison, and this year they became advocates who worked to draft Indiana legislation aimed at dismantling the black-and-white mentality regarding termination of parental rights for incarcerated mothers. A new law now gives judges discretion in TPR cases involving parents behind bars.
Adoption decree reversed over finding that mom’s consent not required
The Indiana Court of Appeals on Thursday reversed and vacated an adoption petition for a 4-year-old Greene County child, finding the trial court erred in determining that the mother’s consent to the adoption by the child’s father and stepmother was not required.
Attorney who brought body cam, knife to court cleared of misconduct allegations
A Martinsville attorney who tried to intervene in a CHINS case and wore a body camera into the courtroom has been cleared of ethical wrongdoing after the Indiana Supreme Court concluded he did not engage in professional misconduct.
Admission of parents’ drug tests upheld in TPR case
Parents who objected to the admission of drug tests in their termination of parental rights hearing were unable to convince the Indiana Court of Appeals that their children would not be affected by their drug use. The panel affirmed removal would be in the children’s best interests.
Appellate court affirms TPR case involving drug abuse
A mother struggling with drug abuse did not convince the Indiana Court of Appeals on Tuesday that her parental rights for her two sons should not be terminated.
COA remands for clarification of father’s domestic violence, psych evaluation orders
A father’s erratic fit of rage at the hospital following the birth of his second child supported the Indiana Court of Appeals’ affirmation of a divorce order sought by his wife. However, that order was remanded to clarify the man’s participation in a domestic violence program and a psychological evaluation, as well as a child support recalculation.
DCS seeks to keep records sealed in class-action care suit
Lawyers for Indiana’s Department of Child Services are pushing to seal records in a federal class action lawsuit accusing the child welfare agency of inadequately protecting thousands of children in its care.