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Tuesday, October 11, 2011

Ind. Decisions - One today from Supreme Court, re the factors "to determine whether an incarcerated parent is permitted to attend a hearing on the termination of his or her parental rights."

In The Involuntary Term. of Parent-Child Rel. of C.G. and Z.G., Z.G. v. Marion County Dept. of Child Services and Child Advocates, Inc., a 17-page, 5-0 opinion, Justice David writes:

We have granted transfer from the Court of Appeals on this case involving the termination of parental rights between the child, C.G., and the child‘s mother, Z.G. We write to discuss important issues of due process that have not previously been before this Court. In all other aspects, we summarily affirm the Court of Appeals. * * *

In this case, several errors were made by DCS which should not have been made. However, none of the errors rose to the level of violating Mother‘s due process rights or warranting reversal. Therefore, we affirm the order of the trial court terminating Mother‘s parental rights. We also set forth the above mentioned factors for our trial courts to determine whether an incarcerated parent is permitted to attend a hearing on the termination of his or her parental rights.

ILB: The 11 factors referenced by the opinion are set out in a quote on p. 13, taken from a West Virginia opinion.

Posted by Marcia Oddi on October 11, 2011 03:28 PM
Posted to Ind. Sup.Ct. Decisions