S.S. v. Indiana Department of Child Services

I do not believe the trial court violated Stepfather’s right to due process when it declared his step-children to be in need of services based on their Mother’s admission to the allegations in the amended CHINS petition, without hearing evidence from Stepfather following his denial of the CHINS allegations. I must therefore respectfully dissent.

The parties’ arguments presume that, because Stepfather lives in the house with Mother, who is his wife, and her children, he is a “custodian” of the children. See Ind.Code § 31-9-2-31(a) (“‘[cjustodian’, for purposes of juvenile law means a person…