A mother whose parental rights were terminated after she signed a form voluntarily relinquishing them may not have been properly advised, the Indiana Court of Appeals ruled Wednesday, reversing the termination and remanding the case to the trial court.
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.Read More
Lawsuit claims DCS failing to protect children and inflicting further harm
Children going into the state’s child welfare system end up more broken, attorneys suing the Department of Child Services say, because they are not being provided with therapy and treatment to help them heal. Rather, the lawyers contend, DCS is just finding beds to stick the kids in and forgetting about their other needs.Read More
Indiana trial courts and the Department of Child Services continue to deprive parents of their due process rights after years of warnings, the Indiana Court of Appeals said Wednesday, reversing the termination of a mother’s parental rights when the termination hearing went on without her or her lawyer present. In doing so, appellate judges strongly restated that courts and DCS have a duty to ensure parents’ rights aren’t violated.
A lawsuit alleging harm and constitutional violations by the Department of Child Services has survived a motion for summary judgment after a federal judge found the children plaintiffs have sufficiently claimed the state failed to protect them.
An Indiana Court of Appeals panel has reversed for two parents in a termination of parental rights case after finding that reasonable efforts were not made by the Department of Child Services to reunify them with their children.
A unanimous Indiana Supreme Court has affirmed the denial of a mother’s motion to dismiss her termination of parental rights petition after finding she wasn’t entitled to a dismissal under the circumstances.
A man seeking to adopt his ex-wife’s child had his case dismissed by the Indiana Court of Appeals on Monday after it found no indication that he sought certification from the trial court or permission from the appellate court to file a discretionary interlocutory appeal, among other things.
A lawsuit filed by 10 Hoosier children who argued Indiana should be required to provide legal counsel to youngsters involved in children in need of services proceedings was dismissed Tuesday in federal court. Attorneys who filed the case, however, indicated the matter is far from over.
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.
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.
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.
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.
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.
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.
A unanimous Indiana Supreme Court has reversed an adoption, holding that a parent’s implied consent to the adoption may not be based solely on their failure to appear at a single hearing. In doing so, justices unanimously agreed with the dissenting judge in a divided Indiana Court of Appeals ruling.
A father who argued his daughter was an Indian child under federal law during a termination of parental rights battle lost his appeal of the termination Monday, when the Indiana Court of Appeals upheld a ruling finding that the child’s tribe was not registered with the United States government.
The termination of a father’s parental rights has been reversed after a panel of the Indiana Court of Appeals found insufficient evidence proved he would threaten the wellbeing of his daughter.
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.
The Indiana Court of Appeals affirmed the termination of a father’s parental rights to his daughter on Tuesday after concluding his criminal activity and continuing drug abuse posed a threat to her well-being.
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.
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.