In Re KD
942 N.E.2d 894
| Ind. Ct. App. | 2011Background
- Stepfather convicted of child molesting and criminal confinement in 1995 and did not complete sex offender treatment.
- Stepfather married Mother in 2005; Mother has two children, K.D. (1992) and K.S. (1995).
- In March 2009, K.D. letters suggested Stepfather behaved inappropriately; DCS initiated informal adjustment.
- Stepfather failed to comply with treatment requirements; DCS filed CHINS petition naming Mother and Stepfather.
- Mother admitted to CHINS allegations; juvenile court adjudicated the children CHINS without a factfinding hearing.
- Stepfather requested a factfinding hearing; court treated proceeding as a dispositional hearing and denied the hearing; court ordered removal and services.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Stepfather was denied due process by adjudicating CHINS on Mother's admission without a factfinding hearing. | Stepfather seeks a CHINS factfinding hearing due to denial by one party. | DCS argues Mother's admission suffices; Stepfather's denial does not require a separate hearing. | Yes; due process requires a factfinding hearing when one party admits and another denies. |
Key Cases Cited
- In re A.H., 913 N.E.2d 303 (Ind.Ct.App.2009) (CHINS framework and due process considerations)
- In re N.E., 919 N.E.2d 102 (Ind.2010) (CHINS adjudication concerns child status, not each parent separately)
- In re J.S.O., 938 N.E.2d 271 (Ind.Ct.App.2010) (due process analysis in CHINS/termination cases using Mathews framework)