reversing/vacating wrongful termination of parental rights

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sister_blue

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OK, i live in Indiana and similarly to the TN DCS case on a previous thread, my son was wrongfully taken in 2005.
DCS never had a case against me in the first place, since my son was taken due to "Facing Homelessness and having emotional issues" NOT Because of abuse or neglect or any of the other typical issues. Well, they dragged the case on and on, trying desperately to prove something, ANYTHING, and even got the foster mother involved in their vindictive and malicious game by having me repeatedly thrown in jail because she had taken out PO's against me for the sole purpose of shutting me OUT of the life of my son, because she had developed a "Sweetie-Darling" relationship with DCS who was paying her to keep my son and all the while he was the only person receiving services, while i was left to my own devices because there was only ever one referral made for me to receive counselling services.
No attorney, (court-appointed) ever lifted a finger to defend the fact that the case was baseless, and without merit, and my son should have been returned to in late 2007, since the initial petition to terminate my rights was dismissed as being not in the best interest of my son. Let me point out right quick that Captain Kangaroo, the judge, at no time decided he was going to follow the Indiana rules of court, as i have discovered, much to my aggravation!!
The judge FINALLY, In late 2007 opened the door for me to actually spend time with my son. Let me point out that during the preceeding 2.5 years, my visitation with him could only be described as "Sporadic" at best, (see Indiana Parenting time guidelines); and this was deliberate and intentional, because, as i have stated, the foster mother did not care for me one bit and SHE wanted my son, and she even went around telling people that "There is NO WAY IN H**** that she is ever going to get her son back" so when i finally got to spend time with my son, DCS decided to do everything they could to make it impossible for me to parent my son or even to have any kind of meaningful visitation or relationship with him and he was never returned to my custody at any time.

Well, apparently DCS and the CASA/GAL decided that she was going to get her way. I would also like to point out that this Foster mother's daddy worked for the city in which we reside and she has significant political ties to the government in this county. She also formed a strong friendship with the CASA who had a very obvious dislike for me, never had any type of meaningful conversation with me and took me to court;
Are you ready for this??? For 'Week-Old-Brownies" that my son and i had made on a visit to my apartment and the judge actually allowed this frivolous litigation to be heard in his Kangaroo court. This is a prime example of how desperate DCS was to make their case.
Well, the CASA was furious at me for slamming my apartment door in her face after her frivolous litigation and decided she was going to terminate my parental rights, which is retaliatory and vindictive.
Let me point out that i only ever made a "No-fault" admission that my son needed SERVICES, it was never found that i had ever been abusive, neglectful or unfit or incapable of parenting my son,and when they had this ridiculous excuse for a trial, not one of the witnesses i had requested to be subpoenaed even received so much as a notice from the court. THe trial attorney did Very little to prepare any kind of meaningful representation, never discussed his strategy with me, did not depose me or any of my witnesses, did not file any motions for discovery, did not defend me, or do anything to refute the allegations in the petition, which were entirely baseless, since it was malicious litigation on the CASA/Gal's part, or do anything that would even remotely resemble meaningful representation. He told me he was going to "Rest" after about 2 days of DCS and their contractors giving "Testimony" that was completely unsupported or unsubstantiated and did not prove the elements of IN code 31-35-2-4.
However, it is my belief that the judge and DCS simply grew tired of dealing with me and entered a very erroneous judgement/order "Terminating" my parental rights without even following the Indiana Trial rules that says i SHALL Have the opportunity to testify and give recommendations to the court and to refute the allegations, etc..........
Then i was told there would be an appeal. So there i was, Distraught over this situation, and i was given the name of an appellate attorney, who also did absolutely nothing to defend the fact that DCS never had a case against me in the first place, and proved nothing in the "Trial" in the Kangaroo court!! Well, the appellate court did not make any kind of "Meaningful review" of the information that was submitted AND the appellate attorney did an about face on me, and committed perjury, which i can prove. So, this wrongful termination was "Affirmed" in April, 2009, which absolutely floored me, because i was SURE that the judges would see that there is no basis to terminate my parental rights and there never has been.
Now i am thinking i need to get this before the Supreme Court to have it reversed/vacated and remanded for a real, meaningful trial and i have numerous elements that i have come up with and would be happy to share upon request.
Please help me right this wrong, because to a mother who raised this boy for the first 6.5 years of her life to have to endure such an abuse of process while the boy goes through emotional torment is something that should only be reserved for parents who DO NOT care about the well-being of their children. I might point out that i am 50 years of age and this is my ONLY child and i would genuinely appreciate any and all help to this end.
Furthermore, i am sitting on a literal GOLDMINE Of litigation, Tort claims and other causes of action that i would love to be able to do something about because, as the woman in TN pointed out, DCS HARMS far more families than it ever helps, because there's MONEY in them-thare kids!!
Thank you!!
 
FYI the above poster has posted on another legal board where she has already gotten advice from other attorneys. This is not the board just to vent.
 
number one, i have posted on other boards and have NOT gotten ANY Legal advice,number 2 i am not here just to vent, and number 3, i am looking for anyone who understands that this is a legitimate situation that requires legitimate assistance so any comments of character assassination are not invited, please only answer if you are able to provide me genuine information on how to right this wrong, THANK YOU!!
 
Your admission is tantamount to your commission of legal suicide. Your admission will hinder any further prosecution of this matter on your behalf.

Cases aren't heard by the supreme court, the court must decide to hear your case. Based upon the facts you set forth, you have no appellate issues.

People are very close to their cases. That proximity distorts their legal view. Their case is always a great case.

That, if course, is rarely true. If your case were that good, most lawyers would help you. If it isn't a good case (to appeal), you will have a difficult time getting an attorney to represent you. That is usually a sign of a bad case.

I agree that CPS screws families, royally. CPS rarely helps, and usually harms. That may have happened in your case. You were there. You know. The problem for you now is, you have no appellate issues.


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Legal suicide or not, DCS and ALL CPS agencies are REQUIRED BY LAW To do certain things to assist families and to re-unite them when it is safe to do so, among other issues. This they did not do, and Yes, i understand that i am on the inside looking out. I was also denied/deprived of any meaningful representation of counsel to defend me, or stand up for my defence in light of the fact that my situation could have easily been remedied under the right conditions, which they made sure never existed. It basically amounted to the fact that they did not like me, and there is more money in keeping children away from their families than there is in re-uniting them. (Reference: The Corrupt Business of CHild Protective Services);
As far as appealable issues, i am seeking information on having the Supreme court reverse and vacate the decision, because of the 'Pathetic Excuse" For a trial, AND for Appeal, as well as the Appellate court's obvious "lack of any meaningful review or consideration " of the facts presented to it, since it was only given DCS's side of the trial, and in light of the fact that i never got an "opportunity to be heard" as required under Indiana Trial Rules"; the judge did not follow said rules, and a number of people have said i absolutely have grounds for Judicial Misconduct.
Furthermore, if there was anything REMOTELY RESEMBLING real trial that occurred, then why didn't any of my witnesses get subpoenaed or even notified, along with any of the other factors mentioned above that court-appointed Bozo The Clown DID NOT DO????;
So my question is, is there enough Error by the part of the trial court and the judge to bring to the Supreme court to get a reversal and remand for a REAL TRIAL with a fair and unbiased judge??
(here are some additional factors);
This Respondent mother notes that;
Appeals rarely are overturned unless something is clearly wrong at the original trial/hearing, or the hearing to reconsider.

A finding is clearly erroneous when there are no facts or inferences drawn therefrom from that support it. D.D., 804 N.E.2d at 264. A judgment is clearly erroneous only if the findings of fact do not support the trial court.s conclusions thereon, or the conclusions do not support the judgment. Quillen v. Quillen, 671 N.E.2d 98, 102 (Ind. 1996). "The traditional right of parents to establish a home and raise their children is protected by the Fourteenth Amendment of the United States Constitution." In re M.B., 666 N.E.2d 73, 76 (Ind. Ct. App. 1996), trans. denied.

In an appeal from a judgment or order terminating parental rights, the Indiana Court of Appeals disregarded impermissible or improper evidence, determines whether there is clear and convincing evidence to justify termination of parent-child relationship' failed to conduct a proper or meaningful analysis or review of the information submitted, etc...
Parental Rights. A parent's interest in the accuracy and justice of the decision to terminate his or her parental rights is a commanding one.
Parental Rights: Evidence: Proof. Before parental rights may be terminated, the evidence must clearly and convincingly establish the existence of one or more of the statutory grounds permitting termination and that termination is in the juvenile's best interests.
This respondent mother recognizes that there are certainly situations in which termination is appropriate and warranted and courts should respond in those situations.
In the eyes of the court, a parent and child have a connection that should not be severed without a very good reason.
Parental termination is not something that should be considered lightly or without extreme circumstances. Terminating the rights of the parent is a drastic step to take and one that the legal system doesn't take lightly. This is because it removes all legal rights, privileges, and duties between the parent and the child.
The most common situation in which a termination happens is in an abuse or neglect proceeding.
A parent is determined to be such a danger to the child's physical, mental, or emotional health that the parent is completely removed from the situation and the child's life with no further contact permitted. Even in these kinds of cases, it is considered an extreme measure and is one that takes the court system months or years to arrive at after every other alternative is tried first. This Respondent mother was afforded NO such opportunity
As long as the elements of Indiana Code section 31-35-2-4 are proven by clear and convincing evidence, termination of parental rights may occur. In re B.D.J., 728 N.E.2d 195, 201 (Ind. Ct. App. 2000); see also In re A.P., 734 N.E.2d 1107, 1118 (Ind. Ct. App. 2000) (stating elements required for termination of parental rights set forth in Indiana Code section 31-35-2-4 are exclusive), trans. denied. ***********WHERE DOES IT SAY THAT IT WAS PROVEN?????**************
citation to Indiana Code section 31-35-2-4, which establishes the evidentiary burden
that the State must carry in order to involuntarily terminate a parent-child relationship.
To have the parent/child relationship existing between Mother and xxx involuntarily terminated, the DCS must prove by clear and convincing evidence those matters set forth at Ind. Code 31-35-2-4(2) . . . .
As previously explained, a trial court must judge a parent.s fitness to care for his or her child at the time of the termination hearing, taking into consideration the parent.s habitual patterns of conduct to determine the probability of future neglect or deprivation of the child. D.D., 804 N.E.2d at 266.**************ANOTHER Big OOOOPPPPPSSSSSSSSSSS!!!**************
 
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