ILNews

On rehearing, COA affirms original opinion

Back to TopCommentsE-mailPrint

On petition for rehearing, the state Department of Child Services claims that the appellate court imposed an undue burden upon the agency by recognizing that DCS has to make a prima facie showing regarding current conditions before the parent is obliged to come forward with evidence.

The petition for rehearing arises from Term. of Parent-Child Rel. of C.M., G.M., and R.M.; A.M. (Mother) and C.M. (Father) v. Indiana Dept. of Child Services, Dearborn County Office, No. 15A01-1104-JT-204.

The Indiana Court of Appeals supported its original opinion, citing Indiana Code Section 31-35-2-4(b)(2)(B). That statute says that if the child has not been adjudicated a child in need of services on two separate occasions, the DCS must show either “a reasonable probability that the conditions that resulted in the child’s removal or the reasons for placement outside the home of the parents will not be remedied” or “a reasonable probability that the continuation of the parent-child relationship poses a threat to the well-being of the child.” The DCS must also show that termination of parental rights is in the child’s best interest.

Holding that the Legislature has chosen to require proof of present conditions, the COA said it is not at liberty to alter the statutory language.



 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT