HOT JOBS IN EVANSVILLE
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CASAs may seek termination of parental rights without DCS
KATIE STANCOMBE FOR WWW.THEINDIANALAWYER.COM
The Indiana Court of Appeals ruled Tuesday that court-appointed special advocates have the statutory authority to prosecute a petition to terminate parental rights, even when the Department of Child Services opposes the termination.
The court affirmed the Delaware Circuit Court’s termination of a mother’s parental rights to her five children in In the Matter of the Involuntary Termination of the Parent-Child Relationship of Z.B., D.B., L.B., Me.B., Ma.B. (Minor Children) and A.B. (Mother) v. The Indiana Department of Child Services, et al., 18A-JT-318.
A.B. is the mother of five children who had been adjudicated children in need of services in 2015 due to educational neglect, substance abuse, home conditions, and lack of supervision. One of the children, Ma.B. was placed in the custody of her father.
In September 2016, DCS filed a petition to terminate A.B.’s parental rights as to the four younger children. On November 2016, the CASAs filed a petition to terminate Mother’s parental rights as to Ma.B.
DCS and A.B. moved to dismiss the petition concerning Ma.B., arguing that the CASAs could not prosecute a petition to terminate parental rights where DCS did not support the petition. They also argued that letting a “CASA prosecute a termination petition is tantamount to letting a child prosecute a termination case against his or her parents.â€
However, the Court of Appeals determined that because the Indianalegislature specifically authorizes CASA workers to independently initiate termination proceedings, they can also independently prosecute these matters.
“[O]ur legislature specifically created a mechanism for DCS — or a guardian ad litem or a CASA — to express opposition to a petition to terminate parental rights,†Judge L. Mark Bailey wrote for the court. “That motion may be successful, but when it is not, we discern no impediment to proceeding with the petition to terminate parental rights.â€
A.B. received a psychological evaluation, which revealed that she has cognitive disabilities that affect “her day-to-day living, including increased difficulty with problem-solving, lack of [judgment], difficulty interacting with peers in her environment, and difficulty with problem-solving on behalf of children.†It also found that she had an IQ of 64 due to a previous traumatic brain injury.
During supervised visits in November 2016, therapists noted aggressive and violent behavior among the children and that A.B. was unable to focus on more than one child at a time. During the same time, Ma.B’s visitation with mother was suspended.
Ma.B., 11 at the time, had exhibited instances of self-harm prior to October 2016, and failed to make any improvement in therapy sessions between February 2016 and October 2016. After suspending visitation, Ma.B. made “significant improvement, including being happier and more optimistic, reducing negative behavior, and progressing academically.â€
Ultimately, the appellate court found there was sufficient evidence to terminate A.B.’s parental rights to all five children for their safety and best interests.
The case is remanded to correct scrivener’s errors in entering orders pertaining to children D.B., L.B., and Me.B.
Board of Commissioners Agenda
Â
AGENDA
Vanderburgh County
Board of Commissioners
July 31, 2018
3:00 pm, Room 301
- Call to Order
- Attendance
- Pledge of Allegiance
- Action ItemsÂ
- Resolution CO.R-07-18-009 in Support of adding an Additional Vanderburgh Superior Court Judicial OfficerÂ
- Board AppointmentÂ
- Department Head Reports
- New Business
- Old Business
- Jail DiscussionÂ
- Consent Items
- Contracts, Agreements and Leases
- Superior Court: Dell Financing Lease Schedule for Cisco Phone Systems & Dell Equipment
- Purdue Extension Office: Phone Upgrade
- Contract with Spectrum
- Phone and Internet Service and Maintenance Support Contract with ANCS
- Health Department:
- Business Associates Agreement with Connections Sign Language InterpretingÂ
- Pre to 3 Project Coordinator/Liaison with Mikelle Rabuck under the Safety PIN GrantÂ
- Approval of July 17, 2018 Meeting Minutes
- Employment ChangesÂ
- Veterans Council: New Management LetterÂ
- Surplus Request:Â
- Health Department Computer EquipmentÂ
- County Clerk Filing CabinetsÂ
- Circuit Court and Adult Probation Computer EquipmentÂ
- Economic Development Coalition of Southwest Indiana: July 2018 Monthly ReportÂ
- County Commissioners:Â
- Screening Labor Transfer RequestÂ
- Loss Control Initiative Letter
- Weights and Measures: June 15 through July 16, 2018 Monthly ReportÂ
- County Treasurer: June 2018 Monthly Report
- County Auditor: 7/16-7/20/18 & 7/23-7/27/18 Claims Voucher ReportÂ
- Superintendent of County Buildings: Old Courthouse Boiler Hot Water Pump Repair Quote
- County Engineering:
- Department Head ReportÂ
- Pay Request #42 U.S. 41 Expansion T.I.F. for the sum of $56,766.19
- Claims
- Contracts, Agreements and Leases
- Adjournment
Otters bringing back Bark in the Park Sunday, August 5 at Bosse Field
The first 200 fans through the gate will also receive a jersey-shaped rally towel as a special, promotional giveaway item courtesy of It Take a Village Canine Rescue.
“READERS FORUM” JULY 31, 2018
We hope that today’s “Readers Forumâ€Â will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way?
 WHATS ON YOUR MIND TODAY?
Todays“Readers Poll†question is: Do you feel that Government shouldn’t do for people what they should do for themselves?
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Complaint Filed Against Deaconess Gateway in Infant Death Case
Complaint Filed Against Deaconess Gateway in Infant Death Case
Aerabella was seven-days-old when she died at Deaconess Gateway. She is the daughter of Amanda Moore and Braden Whitfield. According to a report, her mother took Aerabella to the Deaconess Gateway Emergency department because of abnormal rapid breathing.
She was checked out and sent home. Days later, her mother brought her back to the hospital and they determined young Aerabella wasn’t getting enough air.
After she was taken to the pediatric ICU and Aerabella went into full cardiopulmonary arrest. An autopsy showed she died from a narrowed aorta and a large hole in the septum to her heart.
According to the complaint, this type of defect is typically discovered during screening and corrected through surgery.
Below is the full report: