In the Matter of the Termination of the Parent-Child Relationship of N.C. (Minor Child), and C.G.G. (Father) v. The Indiana Department of Child Services, 83 N.E.3d 1265

Child was removed after parents (Father and Mother) were arrested for methamphetamine possession in March 2015; Child adjudicated CHINS on June 2, 2015.
Parents were ordered to participate in reunification services; Father could not participate because he was incarcerated on federal drug charges.
DCS filed a petition to terminate both parents’ rights on August 11, 2016; Mother later voluntarily relinquished her rights.
A fact-finding hearing on the termination petition occurred March 21, 2017 — 222 days after the petition filing.
Father orally moved to dismiss at the start of the fact-finding hearing, arguing the hearing missed the statutory time limits (commence within 90 days; complete within 180 days) in I.C. § 31-35-2-6.
Trial court denied dismissal and terminated Father’s parental rights; Father appealed solely on the timeliness/dismissal issue.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the termination petition must be dismissed when the fact-finding hearing was not held within I.C. § 31-35-2-6 timelines	Father: The hearing was not commenced/completed within statutory 90/180 days so dismissal is mandatory if a party files a motion	DCS: Court should treat “shall dismiss” as directory to avoid waste/absurd results; continuation/waiver may apply	Court: Dismissal requirement not reviewable because Father waived challenge by acquiescing to hearing date; declined to decide whether “shall” is mandatory or directory

In re Adoption of M.L., 973 N.E.2d 1216 (Ind. Ct. App. 2012) (statutory interpretation principles and de novo review)
Plank v. Cmty. Hospitals of Ind., Inc., 981 N.E.2d 49 (Ind. 2013) (definition of waiver as intentional relinquishment of a known right)
Parmeter v. Cass Cty. Dep’t of Child Servs., 878 N.E.2d 444 (Ind. Ct. App. 2007) (construed “shall” in CHINS timing statutes as directory to preserve legislative purpose)
In re L.V.N., 799 N.E.2d 63 (Ind. Ct. App. 2003) (90-day commencement requirement tied to a party’s request for a fact-finding hearing)
Bester v. Lake Cty. Office of Family & Children, 839 N.E.2d 143 (Ind. 2005) (parental rights have constitutional dimensions)