Appellate court: Termination of father’s parental rights not erroneous
A Marion County father has lost his appeal of the termination of his parental rights after the Indiana Court of Appeals determined the termination was not clearly erroneous.
Termination of Parental Rights
Articles
Suit: Kids in CHINS cases need attorneys
A nonprofit that gave Indiana an F grade in how the state provides for minors in child in need of services and termination of parental rights hearings asserts in a new lawsuit that children a have right to counsel so their voices be heard in court.
Father’s assertion of Fifth Amendment rights splits COA
Even though the Indiana Court of Appeals had previously affirmed that the youngsters in this case were children in need of services, in part because of allegations of a father’s sexual abuse, it has reversed the termination of parental rights because the requirement that the father participate in a sex offender treatment program violated his Fifth Amendment right against self-incrimination.
Suit seeks to require counsel for kids in CHINS cases
A national child advocacy organization filed a lawsuit Wednesday in federal court in Indianapolis asserting that Indiana is violating the rights of abused and neglected children by failing to provide them legal counsel in children in need of services and termination of parental rights hearings.
COA: ‘Significant’ DCS failures made termination of parental rights erroneous
A mother won her appeal to reverse an erroneous order terminating her parental rights when the Indiana Court of Appeals found the Department of Child Services committed ‘significant procedural irregularities’ in her case.
Attorney couple seeking changes for Indiana foster parents
Indianapolis attorneys Joe Delamater, a criminal defense lawyer at Razumich & Delamater PC, and Kiamesha Colom, a partner at Taft Stettinius & Hollister LLP, encountered confusion, frustration and ultimately heartbreak during the course of a few months when they became foster parents to a baby boy. Now they are pushing for changes to state laws they say will balance the system so the right results happen for kids.
COA: Sisters separated from mother, brothers is in best interests
The Indiana Court of Appeals affirmed a trial court termination of parental rights in a “most unusual circumstance” when it found the separation of two minor daughters from their brothers and mother was in the girls’ best interests.
DCS criticized for lax notice, but mom’s termination affirmed
The Indiana Court of Appeals reprimanded the Indiana Department of Child Services on Wednesday for failing to comply with notice requirements, while also affirming a mother’s termination of parental-child relationship for her failure to communicate with DCS.
COA slams courts, DCS for violating parents’ due process
The Indiana Court of Appeals reiterated harsh words at the Department of Child Services and Indiana trial courts after reversing another case involving a failure to afford due process protections to families in termination of parental rights cases.
CASAs may seek termination of parental rights without DCS
The Indiana Court of Appeals ruled Tuesday that court-appointed special advocates have the statutory authority to prosecute a petition to terminate parental rights, even when the Department of Child Services opposes the termination.
Neglect or not? DCS study takes aim at CHINS statute
It’s not uncommon for the Indiana Department of Child Services to hear it doesn’t have enough evidence to support its child welfare cases. Children in need of services cases that enter the court often leave shredded by judges for lack of a sufficient reasoning as to why they came before the bench without enough evidence to back up the claims.
Among public defenders, cases rise but funding lags
Public defenders around Indiana say they need a life preserver made of money to stay afloat in the flood of child in need of services cases that has deluged state courts in recent years.
COA reverses termination of parent-child relationship
The Allen Superior Court must revisit a parental rights termination proceeding after the Indiana Court of Appeals determined insufficient evidence and prior appellate precedent failed to support the court’s termination of a father’s parental relationship with his son.
COA affirms termination of parental rights, declines request to interpret phrase in statute
The Indiana Court of Appeals has affirmed the termination of a father’s parental rights, even though the fact-finding hearing was held outside the statutory time frame. The judges also declined to interpret whether the applicable statute contains directory or mandatory language.
Lawmakers hear proposals for increased indigent defense funding
Public defenders from across the state came to the Indiana Statehouse Thursday to share their concerns about what they see as crisis in the state’s judiciary – the increasing difficulty their offices face to comply with caseload suggestions as more and more filings hit their desks.
COA affirms denial of petition to terminate parental rights
A mother and father can continue on their path toward reunification with their children after the Indiana Court of Appeals determined Thursday the Department of Child Services did not sustain its burden of proof to support termination of their parental rights.
COA affirms termination of mother’s parental rights
The Indiana Court of Appeals has affirmed the termination of a mother’s parental rights to her daughter after finding the mother failed to prove the trial court erred in the calculation of the time the child had been removed from her parents’ home.
High court reverses termination of father’s parental rights
A Montgomery County father’s parental rights have been restored after the Indiana Supreme Court held Friday that lower courts erred in granting and affirming the Department of Child Services’ petition to terminate them.
COA affirms termination of parental rights
The Indiana Court of Appeals rejected the arguments of a father with a history of domestic violence and other criminal convictions who said evidence was improperly admitted to terminate parental rights to his three daughters.
Ryznar: Another notable year for CHINS and parental rights cases
As Indiana continues to experience heightened levels of CHINS and termination of parental rights cases, several interesting cases arose in 2016 related to these topics.