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Thursday, November 13, 2008
Ind. Decisions - More on "Court voids pair's rights as parents of boy, 9"
The Nov. 5th Court of Appeals decision in the case of Term. of Parent-Child Rel. of J.M. v. A.S. and A.M., Allen Co. Dept. of Child Services, the subject of this Nov. 7th ILB entry quoting from a Fort Wayne Journal Gazette story, is referenced again today by that paper, albeit not by name, in this editorial that begins:
A recent study criticizing Indiana for removing endangered children and placing them in foster homes at a higher rate than the national average places a welcome spotlight on child welfare. But Hoosiers should not assume that the state is removing too many children from a dangerous home life.The reference:
[State Department of Child Services division head, former Marion County Judge James W. Payne] points out that caseworkers’ recommendation to remove children from a home must be backed up by a judge. Critics of the system argue that too many parents have inadequate legal representation and that judges are inclined to side with welfare workers. That is not true in Allen County, where parents who meet criteria are frequently appointed knowledgeable lawyers, and judges weigh all the factors in determining the child’s best interests.Indeed, just last week the Indiana Court of Appeals ruled on a case in which Allen Superior Court Judge Charles Pratt denied a request from the Department of Child Services to terminate parental rights. The appeals court overturned Pratt’s order and permanently removed children from the home.
Posted by Marcia Oddi on November 13, 2008 08:22 AM
Posted to Ind. App.Ct. Decisions