985 N.E.2d 786
Ind. Ct. App.2013Background
- Mother appeals termination of parental rights involving G.P., born 2009.
- DCS removed G.P. as a CHINS in Oct. 2010; initial hearing, Mother waived counsel and admitted CHINS.
- Dispositional hearing in Nov. 2010 placed G.P. with paternal grandparents, set services for Mother.
- May 2011 hearing: Mother discharged from services; she was not represented, plan remained reunification.
- August 2011: Mother moved to Virginia; failed to appear at permanency hearing; plan changed to adoption.
- Termination trial held Apr, Jun 2012; final termination filed Jul 10, 2012; GAL and grandparents favored adoption.]
- Notes indicate ongoing concern about whether counsel should have been appointed; Mother later began treatment in Virginia, completing program just before trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Due process: was trial court’s failure to appoint counsel in CHINS proceeding reversible error? | Mother argues lack of counsel at CHINS violated due process. | DCS argues CHINS appointment is discretionary and failure did not create substantial risk of error. | No due process violation; error harmless; did not create substantial risk of error. |
| Sufficiency of evidence: did the record support termination of parental rights? | Mother contends evidence was insufficient to prove termination grounds. | State asserts sufficient evidence of unremedied conditions, risk of future harm, best interests, and proper plan. | Sufficient evidence supports termination. |
Key Cases Cited
- Hite v. Vanderburgh Cnty. Office of Family & Children, 845 N.E.2d 175 (Ind. Ct. App. 2006) (due process in CHINS/termination contexts; standard balancing factors)
- In re M.M., 733 N.E.2d 6 (Ind. Ct. App. 2000) (abuse of discretion standard for appointing counsel in CHINS)
- E.P. v. Marion Cnty. Office of Family & Children, 653 N.E.2d 1026 (Ind. Ct. App. 1995) (counsel rights and impact on proceedings)
- C.T. v. Marion Cnty. Dep’t of Child Servs., 896 N.E.2d 571 (Ind. Ct. App. 2008) (due process; fair termination considerations)
- In re A.L.H., 774 N.E.2d 896 (Ind. Ct. App. 2002) (two-tier standard on findings and termination decision)
- In re D.D., 804 N.E.2d 258 (Ind. Ct. App. 2004) (review of parental fitness and changed conditions in termination)
- R.G. v. Marion Cnty. Office, Dept. of Family & Children, 647 N.E.2d 326 (Ind. Ct. App. 1995) (priority of child's interests; threshold for termination)