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Monday, November 03, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 6 NFP)

For publication opinions today (1):

In In the Matter of the Termination of the Parent-Child Relationship of D.B.M. and H.B. (Father) v. Indiana Department of Child Services, a 12-page opinion, Chief Judge Vaidik writes:

H.B.’s (“Father”) rights to his son D.B.M. were terminated earlier this year. He now appeals, arguing that the testimony of an Allen County Department of Child Services (“ACDCS”) supervisor should not have been admitted at the termination hearing. He contends that without this testimony, there is insufficient evidence to support the trial court’s order terminating his parental rights. We conclude that any error in admitting this evidence was harmless, and even setting this evidence aside, there is sufficient evidence to support the termination order. We affirm. * * *

The evidence presented at the termination hearings supports the trial court’s findings. FCM Norris and GAL Webber testified that Father did not comply with the court’s order to participate in services recommended by the family-functioning assessment and had not exercised any parenting time with D.B.M. throughout the case. Additionally, GAL Webber testified that Father—who did not attend the termination hearing—had “basically fallen off the face of the earth and we haven’t always known where he has been.” Tr. p. 61. GAL Webber and FCM Norris also stated that Father had no relationship with D.B.M. Id. at 55, 61.

Based on the foregoing, we conclude that the evidence supports the trial court’s determination that there was a reasonable probability that the conditions resulting in D.B.M.’s removal or the reasons for his placement outside Father’s home would not be remedied.

NFP civil opinions today (1):

In Re the Matter of: K.J.W., A Child in Need of Services and A.L.W. v. The Indiana Department of Child Services (NFP)

NFP criminal opinions today (5):

Kelli Greene v. State of Indiana (NFP)

Jade M. Cook v. State of Indiana (NFP)

Fabian Lavell Bennett v. State of Indiana (NFP)

Gage Patrick Ringer v. State of Indiana (NFP)

George Ivory v. State of Indiana (NFP)

Posted by Marcia Oddi on November 3, 2014 12:23 PM
Posted to Ind. App.Ct. Decisions