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Friday, July 17, 2009
Ind. Decisions - Another NFP COA decision reclassified
The case is Term. of Parent-Child Rel. of H.T.; R.T. v. IDCS - NFP opinion issued 12/10/08; Appellant's motion for publication filed 12/12/08; Appellee's petition for rehearing filed 1/9/09; Ordered published 7/14/09; Appelle's petition for rehearing denied 7/14/09. In the opinion, Judge Kirsch concluded:
MCDCS failed to provide Mother with essential information including the date, time, and location of the March 28, 2008 termination hearing. In fact, the evidence indicates that the only notice provided to Mother was a general notice of the termination proceedings which specifically informed Mother that she had “until April 1st, 2008” to respond to the complaint before her parental rights “may” be terminated. As a result, Mother's statutory right to notice of the termination hearing pursuant to Indiana Code section 31-35-2-6.5 was fatally compromised. We therefore reverse the juvenile court's judgment terminating Mother‟s parental rights and remand this cause for a new termination hearing.The same concerns about the file stamp apply here as were noted in this June 9th ILB entry.
Posted by Marcia Oddi on July 17, 2009 10:43 AM
Posted to Ind. App.Ct. Decisions