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Tuesday, August 26, 2008

Ind. Decisions - Court of Appeals issues 1 today (and 2 NFP)

For publication opinions today (1):

In R.W., Sr. (father) and D.B.W.(mother) v. Marion Co. Dept. of Child Svcs., et al. , an 18-page opinion, Judge Friedlander writes:

Diane B-W. (Mother) and Richard W. (Father) appeal the termination of their parental rights in Marion Superior Court, Juvenile Division, to their respective biological children. They present the following restated issues on appeal: 1. Did the juvenile court commit reversible error when the presiding magistrate failed to sign the final order terminating Mother’s and Father’s parental rights? 2. Did the Marion County Department of Child Services (MCDCS) fail to prove by clear and convincing evidence the statutory elements required for termination of Mother’s and Father’s parental rights? * * *

In sum, we conclude the final termination order was not technically flawed on the basis that it lacked the magistrate’s signature. Additionally, the record reveals the MCDCS proved by clear and convincing evidence all the statutory elements required for the termination of Mother’s and Father’s parental rights to their respective biological children. The judgment terminating parental rights was not clearly erroneous, and therefore is affirmed.

NFP civil opinions today (1):

In Term. of Parent-Child Rel. of V.R. (minor) and Jimmy R. v. Lake Co. Office of Family and Children, et al. (NFP), a 15-page opinion, Judge Vaidik writes:

Jimmy R. (“Father”) appeals the involuntary termination of his parental rights to his daughter, V.R., claiming the Lake County Department of Child Services (“LCDCS”) failed to prove: (1) that the conditions resulting in V.R.’s removal or continued placement outside his care will not be remedied and that continuation of the parent-child relationship poses a threat to V.R.’s well-being and (2) that termination of his parental rights is in V.R.’s best interests. Concluding that the juvenile court’s judgment terminating Father’s parental rights to V.R. is supported by clear and convincing evidence, we affirm.
NFP criminal opinions today (1):

Kevin O. Chevrette v. State of Indiana (NFP)

Posted by Marcia Oddi on August 26, 2008 11:54 AM
Posted to Ind. App.Ct. Decisions