Articles

Parental termination remanded over substitute magistrate’s findings

A father’s due process rights were violated when a juvenile court stripped him of parental rights based on findings of facts prepared by a magistrate who did not hear from and observe witnesses, the Indiana Court of Appeals ruled Wednesday. The magistrate took over the case after another magistrate, who had conducted the evidentiary hearing in his case, resigned.

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COA: Social worker able to testify as expert witness

A social worker who testified about a parenting assessment at a termination of parental rights hearing was properly allowed to testify as an expert witness, the Indiana Court of Appeals ruled, because the Indiana Rules of Evidence control. The judges affirmed the termination of a mother’s parental rights to her two young sons.

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Evidence does not support CHINS finding

The Indiana Court of Appeals reversed a trial court’s determination that an infant is a child in need of services after finding the parents have improved their living situation that led to their three other children being removed. 

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DCS admits petition flawed; COA orders more proceedings

The Gibson Circuit Court committed fundamental error in terminating the parental rights of a mother and father over their young child, the Indiana Court of Appeals held Friday. The Department of Child Services admitted that it failed to comply with statute when filing the petition to terminate their parental rights.

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Judges uphold termination of parental rights

The Indiana Court of Appeals found ample evidence that a mother took little to no steps to correct the problems that led to her son’s removal and continued placement out of her care, so it affirmed the termination of parental rights. In its opinion, the judges also discussed Indiana Evidence Rule 201(b) regarding judicial notice of “records of a court of this state.”

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