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Old 07-22-2014, 09:10 PM
 
1,851 posts, read 2,985,934 times
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Quote:
Originally Posted by Artful Dodger View Post
Due process is not a technicality.
Due process did occur. His rights were initially RIGHTFULLY terminated. His sentence was reduced AFTER this...

Quote:
Originally Posted by Zimbochick View Post
Um, say what? The biological father's parental rights were terminated when they should not have been. That's a pretty freaking huge "legal mistake" if you ask me.

.....because the foster parents did not follow/allow the court order for mandated child/bio father contact. How is that his fault?
See above response.

There was never a legal mistake made. The adoption was not overturned because of a mistake. It was overturned due to his sentence being reduced. His prison sentence was the only reason his rights were terminated. The law was never broken...please, READ people.
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Old 07-23-2014, 08:14 AM
 
393 posts, read 504,753 times
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Jaded,

I'm not a lawyer but I'm pretty sure that due process means that you must the right to defend yourself in course against charges. Perhaps Mark would be willing to weigh in seeing as he is a lawyer.

Quote:
"Proof as to the termination of Father's parental rights was taken on January
14, 2008. His disposition was taken June 13, 2008, by telephone. Argumets of
coun sel were made on November 6, 2008. the trial court declined to terminate
the Father's parental rights on the petition's ground of abandonment. The trial
court terminated Father's parental rights based on his sentence of fifteen years
in prison pursuant to Tenn. Code Ann. 36-1-113{g)(6) and held that the issue was
tried by the consent of the parties even though it was not mentioned in the
petition for termination. The trial court then heard more proof and granted the
adoption. Father filed a motion to alter or amend, attaching the amended
judgemnt reducing Father's sentence to 90 months (seven and one-half years).
The mothion was denied. Father appealed, claiming that the issue of the
application of Tenn. Code Ann. 31-1-113(g)(6) was not tried by consent of the
parties and that the motion to alter and amend should have been granted." (page
3)
They looked at whether it had been tried by consent, or even implied consent, and nothing in the court trial transcripts (page 4) showed it had been entered or argued. Without the pleadings having included the prison term as a reason for termination, or transcriptions showing it to be the case - the Father was not given due process and therefore the adoption was overturned (page 5).


http://www.tba2.org/tba_files/TCA/20...BQAAACBLAAA%3D

Last edited by Jaded; 07-23-2014 at 01:57 PM..
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Old 07-23-2014, 02:15 PM
 
1,851 posts, read 2,985,934 times
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Quote:
Originally Posted by Artful Dodger View Post
Jaded,

I'm not a lawyer but I'm pretty sure that due process means that you must the right to defend yourself in course against charges. Perhaps Mark would be willing to weigh in seeing as he is a lawyer.

They looked at whether it had been tried by consent, or even implied consent, and nothing in the court trial transcripts (page 4) showed it had been entered or argued. Without the pleadings having included the prison term as a reason for termination, or transcriptions showing it to be the case - the Father was not given due process and therefore the adoption was overturned (page 5).


http://www.tba2.org/tba_files/TCA/20...BQAAACBLAAA%3D
What you've quoted has nothing to do wth due process. The trial judge terminated his rights based on existing law. He didn't break the law or act illegally. He used the law to terminate parental rights. Had bio-dad's 15- year sentence never been reduced, there would have never been an appeal, and we would not be discussing this case. Further, the fact that he did appeal to have the adoption overturned clearly shows that he did indeed receive due process. On the other hand, his daughter has not; which is why the adoptive parents are asking a higher court to grant her a best interest hearing.

Due process - Definition and More from the Free Merriam-Webster Dictionary


It's also worth mentioning again that bio-dad's defamation lawsuit was deemed meritless and tossed out of court!
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Old 07-23-2014, 02:30 PM
 
13,161 posts, read 20,780,088 times
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The latest report:
Tenn. foster child during well with dad in Nebraska - WKRN News 2

Jaded, why aren't you addressing the "foster" parents failure to follow the court dictate that they reintroduce Sonya gradually to her bio family?
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Old 07-23-2014, 03:34 PM
 
Location: mainland but born oahu
6,657 posts, read 6,419,855 times
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@Jaded*

Well i would disagree, you would have to go back to the legislation bill to find out what the letter of intent of the tennessee law was. Im sure termination of parental rights was more of an administration type action, like if serving 15 years in prison and being the only legal parent who can make legal decisions about a child, it would be impossible for the imprisoned parent to essential fulfill that role while serving that term. Further it would be almost impossible for the state to be able to provide services or the needs of the child without the proper legal standing, thus you have to terminate a parent's rights to make a child your property etc. Thus the action of the law isn't like a finding of being unfit based on parental abuse or neglect. The argument of classism comes into play if for example, "Would you feel the same way if the sole parent was in a coma for 15 years and came out of it and wantted physical custody of the child back?"

What is dangerous about laws

Continued on my next post
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Old 07-23-2014, 03:45 PM
 
Location: mainland but born oahu
6,657 posts, read 6,419,855 times
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@Jaded

Continued from my last post:

that enforces morality but not the purpose of protection is it opens the door to other issues and misjustise, for example, whats stopping people from taking your children in the future if you get in debt, or came from an broken home (potentual to be a bad parent) etc etc.

Any good lawyer could argue against this classist tennessee law, but won't because it would ruin any political ambitions he/she would have.
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Old 07-23-2014, 09:00 PM
 
1,097 posts, read 1,732,801 times
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This is not a snarky demanding question; but I am interested in knowing why TN assumed jurisdiction &/or control in this case. Despite 'visiting" TN, this child was normally a resident of NE, and in NE her father had been awarded custody. Why weren't NE authorities contacted and the disposition of the NE resident child determined there?
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Old 07-23-2014, 09:26 PM
 
393 posts, read 504,753 times
Reputation: 440
Quote:
Originally Posted by Jaded View Post
What you've quoted has nothing to do wth due process. The trial judge terminated his rights based on existing law. He didn't break the law or act illegally. He used the law to terminate parental rights. Had bio-dad's 15- year sentence never been reduced, there would have never been an appeal, and we would not be discussing this case. Further, the fact that he did appeal to have the adoption overturned clearly shows that he did indeed receive due process. On the other hand, his daughter has not; which is why the adoptive parents are asking a higher court to grant her a best interest hearing.

Due process - Definition and More from the Free Merriam-Webster Dictionary


It's also worth mentioning again that bio-dad's defamation lawsuit was deemed meritless and tossed out of court!
Jaded,

The reason the trial judge terminated his parental rights was based on Tenn. Code Ann. 31-1-113(g)(6) which was NOT the law for abandonment TPR - the judge declined to find abandonment charge - and decided to TPR on the other code that was NOT part of the charge/pleading whatever it's called. Without it being part of that - his due process rights were not given, because he wasn't given the opportunity to prepare a defense against that specific code. Quote below is from your link, bolding mine.

Quote:
Fundamental to procedural due process are adequate notice before the government
can deprive one of life, liberty, or property, and the opportunity to be heard
and defend one's rights.
The boundaries of due process are not fixed and are the
subject of endless judicial interpretation and decision making.
The judge screwed up in not ensuring he had consent of both parties in the trial, and it was overturned on appeal because the defendant did not get notice so he could mount a defense against that code and did not consent...
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Old 07-24-2014, 12:08 AM
 
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Quote:
Originally Posted by nj185 View Post
This is not a snarky demanding question; but I am interested in knowing why TN assumed jurisdiction &/or control in this case. Despite 'visiting" TN, this child was normally a resident of NE, and in NE her father had been awarded custody. Why weren't NE authorities contacted and the disposition of the NE resident child determined there?
Good question. I'd like to know this too. I suspect they never got involved because he willingly let his baby be taken out of state and never reported her kidnapped.

Quote:
Originally Posted by Artful Dodger View Post
Jaded,

The reason the trial judge terminated his parental rights was based on Tenn. Code Ann. 31-1-113(g)(6) which was NOT the law for abandonment TPR - the judge declined to find abandonment charge - and decided to TPR on the other code that was NOT part of the charge/pleading whatever it's called. Without it being part of that - his due process rights were not given, because he wasn't given the opportunity to prepare a defense against that specific code. Quote below is from your link, bolding mine.

The judge screwed up in not ensuring he had consent of both parties in the trial, and it was overturned on appeal because the defendant did not get notice so he could mount a defense against that code and did not consent...
Artful, you've already admitted to not being a lawyer. I think you're confusing yourself more than necessary. His parental rights were terminated because of his 15-year prison sentence. Why are you bringing up Abandonment? Although, being in prison is sort of "abandoning" your only child! His due process rights have been given to him throughout this whole case. What are you talking about? He could NEVER prepare a defense for the code you cited!!! The law in TN is that any prison/jail sentence 10 years or more is grounds for automatic termination of parental rights. That's why the trial judge decided to TPR using it. The trial judge didn't mess up. TN DCS/CPS messed up!

Again, had his sentence remained at 15 years, we would not be having this discussion. His rights would have remained terminated. I think you're assuming that he could have appealed this or fought the TPR even if he were in prison for the full 15 years...he could not have.

@ Hawaiian by heart... I have no idea what you're saying. Sorry.
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Old 07-24-2014, 12:14 AM
 
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Reputation: 2365
Sonya's foster mother Kim Hodgin to Gov. Haslam: Help my family

Sonya custody case drags on as another birthday passes
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