Legal Opinion
In the Matter of K.D. & K.S. S.S. v. The Indiana Dept. of Child Services and Child Advocates, Inc.
Indiana Supreme Court
Decided March 13, 2012No. 49S02-1107-JC-416PublishedCited by 53 opinions
1Opinion of the Court
DAVID, Justice.
We have granted transfer in this case where a party to a CHINS matter requested a factfinding hearing and was instead given a contested dispositional hearing. We write to clarify any ambiguity that exists regarding the differences between a CHINS adjudication and the procedural due process safeguards that are in place for parties to a CHINS disposition. We hold that a parent who requests a contested fact-finding hearing has a due process right to that hearing.
Facts and Procedural History
S.S. (Stepfather) and K.S. (Mother) have been married for five years. Mother has two…
2Cases cited8 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Kent v. United StatesSupreme Court of the United States · 1966
- N.L. v. Indiana Department of Child ServicesIndiana Supreme Court · 2010
- Z.G. v. Marion County Department of Child ServicesIndiana Supreme Court · 2011
- Patrick v. MiressoIndiana Supreme Court · 2006
3 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- In the Matter of S.D., Alleged to be a Child in Need of Services J.B. v. Indiana Department of Child ServicesIndiana Supreme Court · 2014
- In Re: The Matter of D.J. and G.J., Children in Need of Services Gr.J. (Mother) and J.J. (Father) v. Ind. Dept. of Child ServicesIndiana Supreme Court · 2017
- J.A. v. Indiana Department of Child ServicesIndiana Supreme Court · 2014
- In the Matter of Eq.W., M.W., A.W., S.W., and Ez.W. (Minor Children) V.B. (Mother) v. Indiana Department of Child ServicesIndiana Supreme Court · 2019
- In the Matter of S.M., J.M., A.M., H.G., Children in Need of Services, A.M. (Mother) v. The Indiana Department of Child ServicesIndiana Court of Appeals · 2015
48 more not listed; retrieve them via the Exa API.