Legal Opinion · Dissent

Peterson v. Marion County Office of Family & Children

Indiana Court of Appeals

Decided March 4, 2004No. 49A02-0306-JV-461Published

1DissentBrook, Chief Judge

The trial court failed to take into consideration overwhelming evidence of Mother's changed circumstances by the time of the final hearing. Accordingly, I respectfully dissent from the Majority's decision to affirm the termination of Mother's parental rights.

To determine whether there is a reasonable probability that the conditions which resulted in a child's removal or continued placement outside of the home will be remedied, the trial court should judge a parent's fitness to care for her child at the time of the termination hearing, taking into consideration evidence of changed conditions.…

2Cases cited7 opinions

  1. Egly v. Blackford County Department of Public WelfareIndiana Supreme Court · 1992
  2. Brasher v. StateIndiana Supreme Court · 2001
  3. In re the Termination of the Parent-Child Relationship of D.G.Indiana Court of Appeals · 1998
  4. Matter of MiedlIndiana Supreme Court · 1981
  5. Hubbard v. StateIndiana Supreme Court · 1999

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