Legal Opinion

Termination: VG v. Indiana Department of Child Services

Indiana Supreme Court

Decided February 17, 2017No. 54S01-1612-JT-630PublishedCited by 6 opinions

1Opinion of the Court

On Petition to Transfer from the Indiana Court of Appeals, No. 54A01-1603-JT-607

Rush, Chief Justice.

Few liberties are as central to our society as the right of parents to raise their children. Our General Assembly has thus set a high bar for terminating parental rights—requiring, a termination petition to allege four defined elements and commanding dismissal when DCS fails to prove each element by clear and convincing evidence.

The first required element establishes three waiting periods to give parents time to reunify with their children, and bars DCS from seeking termination until one of…

2Cases cited10 opinions

  1. Troxel v. GranvilleSupreme Court of the United States · 2000
  2. Moore v. City of East ClevelandSupreme Court of the United States · 1977
  3. Bester v. Lake County Office of Family & ChildrenIndiana Supreme Court · 2005
  4. 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
  5. Z.G. v. Marion County Department of Child ServicesIndiana Supreme Court · 2011

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3Cited by6 opinions

  1. L.G. v. S.L.Indiana Court of Appeals · 2017
  2. Cindy K. Marsh v. Town of Dayton, IndianaIndiana Court of Appeals · 2018
  3. A.K.G. v. Ind. Dep't of Child Servs.Indiana Supreme Court · 2017
  4. In the Matter of M.I., N.I., N.I., N.I., N.I., S.I. (Minor Children) Denis Koehlinger v. K. H. (Mother) A.I. (Father) and L.M. (Father) v. Indiana Department of Child ServicesIndiana Supreme Court · 2019
  5. L.G. v. S.L.Indiana Court of Appeals · 2017

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