Legal Opinion

In the Matter of J.K., A Child in Need of Services: M.K. v. Marion County Department of Child Services and Child Advocates, Inc.

Indiana Supreme Court

Decided May 12, 2015No. 49S02-1505-JC-260PublishedCited by 8 opinions

1Opinion of the Court

RUSH, Chief Justice.

Every Child in Need of Services (CHINS) proceeding has the potential to interfere with parents’ rights in the upbringing of their children — and so the parents’ due process rights, including the right to an unbiased and uncoercive forum, are paramount. But the judicial conduct in this case deprived Father of those rights. After making several derogatory remarks over the course of two hearings about the parties and the nature of their dispute, the trial court pressured Father to waive his right to a fact-finding hearing and instead admit that his daughter was a CHINS.…

2Cases cited17 opinions

  1. Caperton v. A. T. Massey Coal Co., Inc.Supreme Court of the United States · 2009
  2. Timberlake v. StateIndiana Supreme Court · 1997
  3. Kennedy v. StateIndiana Supreme Court · 1972
  4. Brannum v. StateIndiana Supreme Court · 1977
  5. N.L. v. Indiana Department of Child ServicesIndiana Supreme Court · 2010

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3Cited by8 opinions

  1. Anthony Bedolla v. State of IndianaIndiana Supreme Court · 2019
  2. Dyamond Harris v. Lafayette LIHTC, LPIndiana Court of Appeals · 2017
  3. Evan J Schaffer v. State of IndianaIndiana Court of Appeals · 2026
  4. In the Matter of the Termination of the Parent Child Relationship of S.M., P.M., and R.M. M.M. (Father) and R.N. (Mother) v. The Indiana Department of Child Services (mem. dec.)Indiana Court of Appeals · 2020
  5. Isaiah Albert Hagan v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2019

3 more not listed; retrieve them via the Exa API.

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