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Friday, November 07, 2008
Ind. Decisions - "Court voids pair's rights as parents of boy, 9"
Wednesday's 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 (ILB summary here - 3rd case) is the subject of a story today by Rebecca S. Green in the Fort Wayne Journal Gazette. Some quotes:
Overturning a local court ruling, an appellate court ordered the parental rights of two convicted drug offenders terminated, allowing their son to be adopted after years of shuttling among temporary homes.In late February, Allen Superior Court-Family Division Judge Charles Pratt denied a request by local officials with the Department of Child Services to terminate the parental rights of the parents of a now-9-year-old boy, identified in court documents as J.M.
But in a ruling issued Wednesday, the Indiana Court of Appeals ordered the case sent back to Pratt for the parental rights to be terminated.
The parents are both serving prison sentences for conspiring to deal methamphetamine and other charges. J.M. was removed from the mother’s care in April 2004 by Montgomery County officials and then lived with his aunt and grandmother in Vermillion County, but they grew tired of caring for him, according to court documents. * * *
In a unanimous opinion, Appellate Judge Carr L. Darden wrote, “it is foreseeable that J.M. would have to remain in foster care until his parents could take on the responsibilities of parenthood; however, there is no guarantee that either parent will be able to care for J.M. following their release.”
Looking at the totality of the evidence, the court concluded it would be in the best interests of the child to terminate his parents’ rights and ordered the case sent back to Pratt for him to do just that.
Posted by Marcia Oddi on November 7, 2008 06:59 AM
Posted to Ind. App.Ct. Decisions