Ellis v. Knox County Department of Public Welfare

ROBERTSON, Judge.

The appellant-respondents, the natural parents of Chad Owen Ellis, appeal from the trial court’s judgment terminating their parental rights.

Because we reverse, the sole issue to be examined is the constitutionality of the preponderance of the evidence standard set forth in Ind. Code 31-6-7-13(a) and heretofore applicable in proceedings to terminate parental rights. The recent United States Supreme Court case of Santosky v. Kramer, _ U.S. _, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982) holds that such a standard of proof in cases designed to terminate parental rights violates the Due…