Legal Opinion
J.A. v. Indiana Department of Child Services
Indiana Supreme Court
Decided March 13, 2014No. 49S02-1308-JT-558PublishedCited by 28 opinions
1Opinion of the Court
DAVID, Justice.
We have always said that a parent’s due process rights are vital during court proceedings aimed at determining whether the parent’s child is a Child in Need of Services. Here, a mother waived her right to counsel at an initial CHINS hearing and her son was found to be a CHINS. At a subsequent CHINS review hearing, the mother requested counsel and the trial court found that she was indigent and entitled to representation — but it failed to actually follow through and appoint an attorney to her case.
After additional CHINS hearings at which the mother remained unrepresented, the…
2Cases cited18 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
- N.L. v. Indiana Department of Child ServicesIndiana Supreme Court · 2010
- Z.G. v. Marion County Department of Child ServicesIndiana Supreme Court · 2011
- Whiting v. StateIndiana Supreme Court · 2012
13 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Gersh Zavodnik v. Irene HarperIndiana 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 J.K., A Child in Need of Services: M.K. v. Marion County Department of Child Services and Child Advocates, Inc.Indiana Supreme Court · 2015
- In Re the Adoption of K.W.: M.W. v. S.L. and T.L.Indiana Court of Appeals · 2014
- In the Matter of the Termination of the Parent-Child Relationship of: D.P. and D.P.E. and J.P. (Mother) v. Ind. Dept. of Child ServicesIndiana Court of Appeals · 2015
23 more not listed; retrieve them via the Exa API.