Legal Opinion

T.P. v. Indiana Department of Child Services

Indiana Supreme Court

Decided March 26, 2014No. 49S02-1402-JT-81PublishedCited by 2 opinions

1Per curiam

The Court has granted transfer to address due process safeguards where a magistrate presiding over a termination of parental rights hearing resigns before reporting recommended findings and conclusions to the judge. In this case and another termination case we decide today, In the Matter of the Involuntary Termination of the Parent-Child Relationship of S.B., 5 N.E.3d 1152, 2014 WL 1273809 (Ind.2014), we find the procedure used violated the parent’s due process rights.

The Marion County Department of Child Services petitioned to involuntarily terminate the parental rights of T.P. (“Father”) to…

2Cases cited8 opinions

  1. Bester v. Lake County Office of Family & ChildrenIndiana Supreme Court · 2005
  2. In the Matter of the Termination of the Parent-Child Relationship of E.M. and El.M., E.M. v. Indiana Department of Child ServicesIndiana Supreme Court · 2014
  3. Urbanational Developers, Inc. v. Shamrock Engineering, Inc.Indiana Court of Appeals · 1978
  4. State Ex Rel. Harp v. Vanderburgh Circuit CourtIndiana Supreme Court · 1949
  5. Farner v. FarnerIndiana Court of Appeals · 1985

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

3Cited by2 opinions

  1. Involuntary Termination of the Parent-Child Relationship of S.B. v. Marion County Department of Child ServicesIndiana Supreme Court · 2014
  2. C.T. v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2018

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