Articles

COA remands parental rights case

Finding that a trial judge and Indiana Department of Child Services didn’t follow the law before involuntarily terminating parental rights, the Indiana Court of Appeals has sent the case back to Elkhart Circuit Court.

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Judges reverse termination of parents’ rights

In a case filled with several errors and discrepancies, the Indiana Court of Appeals has reversed the termination of parental rights of a mother and two fathers because the Department of Child Services failed to meet the burden of proving that termination is in the best interest of the children.

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Guidance offered on incarcerated parents’ attendance at termination hearings

Scolding the Indiana Department of Child Services for how it handled a parental termination case, the Indiana Supreme Court has found an incarcerated mother’s due process rights were not violated when she did not receive adequate notice about pending proceedings that would affect her rights as a parent or when she was not allowed to attend the hearings.

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Grandmother can’t petition for visitation

A grandmother has lost her right to petition for visitation rights after her son’s parental rights were terminated, so the trial court was correct in dismissing her petition, the Indiana Court of Appeals held Thursday.

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Court reverses because of DCS notification policy

The Indiana Court of Appeals has reversed the parental right termination decision made by a trial court, ruling that both the court and Indiana Department of Child Services in Porter County denied a biological father his due process by not notifying him of CHINS proceedings that ultimately led to his paternal rights being taken away.

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COA upholds termination of parental rights

The Indiana Court of Appeals affirmed the termination of a mother and father's parental rights based on sufficient evidence. The appellate court also found the mother couldn't appeal on the basis that the Department of Child Services failed to prove her drug use when she repeatedly refused to submit to drug testing.

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Mistake invalidates termination of dad’s rights

A father's consent to voluntarily terminate his parental rights so his sister could adopt his daughter was invalidated by misrepresentations made by a family case manager for the Department of Child Services. As such, the father's petition to set aside the judgment should have been granted, the Indiana Court of Appeals ruled today.

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COA sets standard in parental rights cases

In addressing a statutory inconsistency on parental rights terminations, the Indiana Court of Appeals has held that trial judges must offer findings of fact in those types of cases just as they're required to by law for children in need of services cases and grandparent visitation matters.

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Mom’s mental ability not reason for termination

The Indiana Court of Appeals declined to write an opinion barring the state from pursuing termination of parental rights of a "retarded person," as requested by the mother in a termination of parental rights case.

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COA affirms ruling in ‘unusual’ termination case

In an unusual case on appeal in which a mother's parental rights were terminated to only one of her five children during a termination hearing, the Indiana Court of Appeals affirmed the decision due to the circumstances of the case.

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COA reverses termination over rule violation

The Indiana Court of Appeals split today in its decision to reverse the termination of a mother's parental rights. The majority found the trial court abused its discretion in allowing the mother's trial counsel to withdraw her appearance under a local court rule.

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County must pay for parent’s appointed attorney

Noting a paradigm shift in parental rights termination cases due to House Enrolled Act 1001, one Indiana Court of Appeals judge believed the Department of Child Services instead of the counties should be responsible for the costs of appointed counsel in these types of proceedings.

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