Term. of Parent-Child Rel. of C.M., G.M., and R.M. A.M. (Mother) and C.M. (Father) v. Indiana Dept. of Child Services, Dearborn County Office

OPINION ON REHEARING

BAILEY, Judge.

The DCS asserts that we have imposed an undue burden upon it by recognizing the DCS has to make a prima facie showing regarding current conditions before the parent is obliged to come forward with any evidence. According to the DCS, the parent who has been separated from his or her child bears the burden of going forward with evidence of changed conditions. The DCS also urges a “hierarchy” of evidence for consideration by the court, with evidence of historical conduct to be paramount over evidence of current or changed conditions.

We resolve these concerns…