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Friday, December 02, 2016

Ind. Decisions - Rare written dissent filed in transfer denial of termination of parental rights case involving ADA

The Court of Appeals decided In the Termination of the Parent-Child Relationship of N.C. (Minor Child) and A.C. (Father) v. The Indiana Department of Child Services on June 21, 2016. Here is the ILB summary. The opinion concluded:

... Father waived the issue of whether the ADA applies in a termination of parental rights proceeding. Waiver notwithstanding, Father’s discrimination claim cannot serve as a basis to attack the trial court’s termination order.
Last yesterday afternoon the Supreme Court filed an order in In the Termination of the Parent-Child Relationship of N.C. and A.C. v. IDCS, which it has just posted, stating that the Court denies a petition for transfer. The vote was 3-2. The order includes a rare, 3-page written dissent from denial of transfer:
Rush, C.J., and Massa and Slaughter, JJ., concur.
David, J., dissents with separate opinion in which Rucker, J., concurs.

I respectfully dissent from the denial of transfer in this case as I believe this Court should grant transfer and address the Americans with Disabilities Act (ADA) issue to provide further guidance and to expressly overrule part of the holding in Stone v. Daviess Cnty. Div. of Children and Family Srvs., 656 N.E.2d 824 (Ind. Ct. App. 1995). * * *

I would grant transfer and hold that a disabled parent may use non-compliance with the ADA as a defense to the termination of his or
her parental rights where DCS has provided discretionary services, but failed to provide reasonable accommodations to a disabled parent.

Posted by Marcia Oddi on December 2, 2016 03:29 PM
Posted to Ind. App.Ct. Decisions | Indiana Transfer Lists