Parents lose bid to restore parental rights
A mother and father who continually failed to provide adequate care for their children could not convince the Court of Appeals of Indiana to restore their parental rights.
Termination of Parental Rights
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Senate Bill 180 reignites conversation about direct representation for CHINS, TPR proceedings
Indiana is one of just six states that does not require counsel for children in child welfare cases in any situation, according to the National Association of Counsel for Children. Although Indiana Code § 31-32-4-2 does give state court judges the discretion to appoint counsel for children in child welfare cases, stakeholders say the Hoosier State could be forced to implement a direct representation program either through lawsuits filed by national children’s rights organization or federal legislation that Congress is considering.
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Kids’ Voice, Child Advocates finding ways forward after shift of GAL/CASA contract
The fallout is continuing from Indianapolis’ decision to switch providers of CASA and guardian ad litem services.
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CHINS filings stabilize after surge in recent years
Filings for child in need of services and termination of parental rights cases have swung in opposite directions in the past few years, according to statistics released recently by the Indiana Supreme Court.
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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.
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Articles
Parental rights termination affirmed by COA following mother’s continued drug use
The termination of a Vanderburgh County mother’s parental rights to her minor child was based on sufficient evidence and did not violate her rights to due process, the Court of Appeals of Indiana has ruled.
Senator bucks legislative leadership, announces study of direct representation for kids in CHINS, TPR cases
Although the Legislative Council rejected a request to study the topic of providing attorneys to children in the child welfare system, Indiana state Sen. Jon Ford plans to keep pushing the matter by convening an independent study group to examine the issue.
IN justices affirm mother was afforded due process during virtual TPR hearing
A mother whose parental rights were terminated after a virtual hearing via Zoom has lost her appeal at the Indiana Supreme Court, which instead adopted as precedent a Court of Appeals analysis of how the mother’s due process rights were impacted by the virtual proceedings.
Child Advocates’ program provides model for direct representation
As the Legislature, agency stakeholders and foster parents restart the conversation about providing attorneys for children in child-in-need-of-services and termination of parental rights proceedings, the Child Advocates Direct Representation Program is an example of how direct representation works and what it can do.
COA affirms TPR for mother of chronically ill son
A trial court didn’t err when it terminated the parental rights of a mother to her chronically ill son after multiple attempts were made to remedy the situation, the Court of Appeals of Indiana has affirmed.
Couple facing TPR, felony charges for ‘biblical’ discipline suing DCS, using RFRA as defense
A southern Indiana couple facing both criminal charges and the termination of their parental rights due to allegations of unreasonable discipline against their children are seeking to use Indiana’s controversial Religious Freedom Restoration Act to end, or at least pause, the litigation against them.
Senate committee advances bill giving intervention rights to ‘kinship caregivers’
The Indiana Senate Judiciary Committee heard testimony on Senate Bill 410 on Wednesday, a measure designed to give “kinship caregivers” the right to intervene in termination of parental rights cases.
COA affirms termination despite issues with Zoom hearing
A mother whose parental rights were terminated following a hearing held virtually due to the COVID-19 pandemic has lost her appeal of the termination, with the Indiana Court of Appeals finding the technological issues that arose during the virtual hearing were not tantamount to a due process violation.
Denied counsel of choice, CHINS asks Supreme Court for help
Upon being retained by D.S. as counsel in his CHINS proceedings, Indianapolis attorney Rachel Roman-Lagunas visited him regularly, spoke with his family, arranged an in-person visit between him and his mother and assisted in getting him therapy. However, in an unusual turn, her advocacy has been interrupted by the trial court blocking her participation in the case.
Merger of GAL, CASA programs puts more eyes on kids
What began as a conversation 18 months ago culminated in May with the merger of the guardian ad litem and court appointed special advocates programs in Allen County, bringing together attorneys and volunteers to serve the abused and neglected children who are involved with the court system.
Mom not denied due process in TPR case involving unrecorded evidence statements
A Madison County mother was not denied due process in her termination of parental rights case, the Indiana Court of Appeals has affirmed.
Public defenders request proposals for helping at-risk youth and families
The Indiana Public Defender Commission is calling for proposals of projects that will help improve the assistance offered to children and families involved in the child welfare system and prevent involvement altogether.
COA upholds validity of parents’ consent to adoption, despite protests
Monroe County parents protesting the adoption of four of their 14 children could not sway the Indiana Court of Appeals that they were acting with the kids’ best interests in mind by seeking to withdraw their consents to adoption.
Mom of child with special needs loses appeal over termination of parental rights
C.W.’s parental rights were terminated in October 2020. She appealed, but the Court of Appeals has affirmed.
Kids’ Voice formalizes $5.4 million CASA/GAL contract with Indianapolis
Kids’ Voice of Indiana has signed a contract with the city of Indianapolis to provide guardian ad litem and court appointed special advocate services to Marion Superior Courts through the end of 2023, with the nonprofit set to receive $5.4 million for the remainder of 2021.
Talks end, Kids’ Voice to take over GAL/CASA program
Like a couple deciding not to marry, Kids’ Voice of Indiana and Child Advocates were unable to work out a prenuptial agreement after weeks of negotiations and are now focused on who will take care of the children.
Kids’ Voice, Child Advocates in contract talks after report cited cost overruns
With just three weeks before its contract with the city of Indianapolis ends, Child Advocates is trying to negotiate a subcontract with Kids’ Voice so it can continue providing volunteers and staff to advocate for youngsters in Indiana’s child welfare system. Meanwhile, a report questioned longtime contractor Child Advocates’ cost overruns.
Child Advocates worried for young clients after losing Marion County CASA contract
Child Advocates is asking the city of Indianapolis to delay plans to switch CASA providers until the end of year, citing questions about the transition, the ability of Kids’ Voice to handle the work and concerns over the risk to children.
Father must consent to stepfather’s adoption of children, appellate court rules
The adoption of two children by their stepfather after their mother died cannot proceed without their father’s consent, the Indiana Court of Appeals ruled Thursday, reversing a trial court order.