Wight v. Kosciusko County Office of Family & Children

I respectfully dissent. I read the statutes concerning the voluntary termination of the parent-child relationship as specifically requiring that consent to terminate must be given “in open court.” Ind.Code § 31-35-1-6. Only where the parent “fail[s] to appear” in open court is this requirement inapplicable. In that instance the parent’s prior written consent will suffice to terminate her parental rights provided (i) the parent gave her written consent to an authorized person, and (ii) the parent was provided with notice of her legal and constitutional rights and the consequences of her…