Legal Opinion

In the Matter of the Termination of the Parent-Child Relationship of: D.P. and D.P.E. and J.P. (Mother) v. Ind. Dept. of Child Services

Indiana Court of Appeals

Decided March 16, 2015No. 45A03-1410-JT-358PublishedCited by 1 opinion

1Opinion of the Court

BAILEY, Judge.

Case Summary

[1] J.P. (“Mother”) appeals the trial court’s order granting the petition of the Department of Child Services (“DCS”) to terminate Mother’s parental rights as to D.P. and D.P.E. (“the Children”). Mother raises two issues for our review, which we reframe as a single issue: whether the trial court deprived Mother of due process of law when, in Mother’s absence and without representation of counsel, it converted the nature of the proceedings and then terminated her parental rights.

[2] Finding this a deprivation of due process guarantees, we reverse.

Facts and Procedural…

2Cases cited10 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Bester v. Lake County Office of Family & ChildrenIndiana Supreme Court · 2005
  3. Judy S. v. Noble County Office of Family & ChildrenIndiana Court of Appeals · 1999
  4. Fajardo v. StateIndiana Supreme Court · 2007
  5. Z.G. v. Marion County Department of Child ServicesIndiana Supreme Court · 2011

5 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. In the Matter of J.G., A Child in Need of Services, J.B., Father v. Indiana Department of Child Services (mem. dec.)Indiana Court of Appeals · 2020

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