Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, October 1, 2016

Court of Appeals finds parents unfit, affirms termination of parental rights

From The Indiana Lawyer:

The Indiana Court of Appeals affirmed Monday a decision to terminate parental rights after both parents failed to show evidence that allowing them to maintain their rights would be in the best interest of the children.

T.B. was born to the mother and father in 2009, then the mother gave birth to a second child, R.K., who had a different father who is now deceased, in 2010. After being convicted of multiple drug charges, the mother was incarcerated in 2013 and has not seen the children since. T.B. and R.K. were placed in the father’s care shortly thereafter.

After father reached out to the Department of Child Services for help in 2014, the department filed a children in need of services petition on behalf of T.B. and R.K. — as well as the father’s two older children — and the court found that the children could remain in the father’s care as long as a safety plan was developed.

A well-child check in May 2014 found R.K. with second-degree burns on his feet, which prompted his and T.B.’s removal from the home and placement in foster care. The children were subsequently adjudicated CHINS, and the father was ordered to participate in visitation, Fatherhood Engagement and individual therapy.

However, father was often vocal about his distrust of DCS and refused to participate in the department’s services. The mother was limited in her ability to participate in DCS services due to her incarceration.

In February 2016, the Tippecanoe Superior Court entered an order terminating the mother’ s parental rights to T.B. and R.K. and the father’s parental rights to T.B., prompting both parents to appeal.

Read more here.

https://lawprofessors.typepad.com/family_law/2016/10/court-of-appeals-finds-parents-unfit-affirms-termination-of-parental-rights.html

Child Abuse, Custody (parenting plans), Termination of Parental Rights | Permalink

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