Legal Opinion · Concurrence

Termination of the Parent-Child Relationship of S.B. v. Marion County Department of Child Services

Indiana Court of Appeals

Decided October 29, 2013No. 49A02-1303-JT-244Published

1ConcurrenceBaker, Judge

I agree with the majority's determination that Magistrate Bradley had the proper authority to report factual findings and conclusions of law without having presided over the underlying evidentiary hearing. However, while the majority points out that the evidence presented at the termination hearing was undisputed, I part ways with the notion that Mother's due process rights would have been violated thus requiring a new evidentiary hearing even if Magistrate Bradley had to make credibility determinations when reviewing the record.6

When the State seeks to terminate the parent-child…

2Cases cited5 opinions

  1. TeWalt v. TeWaltIndiana Court of Appeals · 1981
  2. B.T. v. Clark County Division of Family & ChildrenIndiana Court of Appeals · 2003
  3. Hite v. HaaseIndiana Court of Appeals · 2000
  4. D.P. v. Indiana Department of Child ServicesIndiana Court of Appeals · 2013
  5. Ruby v. StateIndiana Court of Appeals · 1975

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