Latest Case: J.C. v. Indiana Department of Child Services (Family Law)

COVID-19 Lays Bare the Cruelty of Neoliberalism

JOSEPH MARGULIES

Cornell law professor Joseph Margulies observes how the COVID-19 pandemic is exposing the cruel folly of neoliberal governance. Margulies points out that neoliberalism—the idea that social problems are better solved by the private sector than by government—has brought millions of Americans to the edge of financial and physical ruin, and COVID-19 will push them over. He argues that now more than ever, we must be communitarians rather than individualists.

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J.C. v. Indiana Department of Child Services

Docket: 20S-JT-235

Opinion Date: April 1, 2020

Judge: Per Curiam

Areas of Law: Family Law

The Supreme Court affirmed the decision of the court of appeals that a parent is not entitled to dismissal of a termination of parental rights petition due to the juvenile court's failure to complete a hearing within the statutorily required 180 days where the parent affirmatively waived that requirement, holding that relief is not available under these circumstances. The Indiana Department of Child Services filed petitions to terminate Mother's parental rights regarding her two children. The evidentiary hearing on the petitions was completed more than 180 days after the petitions were filed. Thereafter, the court terminated Mother's parental rights. The court of appeals affirmed. The Supreme Court affirmed, holding that because Mother affirmatively waived the 180-day requirement and invited the court to conduct the hearing without regard to it, Mother was precluded from later successfully invoking it as a basis for reversal.